SHIBENDRA MOHAN KUSHARI Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The writ petitioner's grievance is that the respondent bank has wrongfully decided not to grant him the benefits of pension in terms of the scheme.

(2.) On Dec. 1st, 1947 he was appointed as a clerk in the respondent bank (Central Bank of India). On reaching the age of superannuation he was to retire with effect from March 31st, 1986. However, before he reached the age of superannuation, the disciplinary authority had dismissed him from service by an order dated March 25th, 1986; appeal preferred by him was rejected by order dated July 8th, 1986.

(3.) Challenging the orders of the disciplinary and appellate authorities he moved this Court by filing a writ petition on which Civil Rule No. 10876 (W) of 1986 was issued. By judgment and order dated April 7th, 1989 Mohitosh Mazumder, J. (as he then was) was pleased to allow the writ petition. The respondent bank preferred an appeal (FMAT No. 1331 of 1989, subsequently renumbered as FMA No. 1131 of 1994), and the division bench by judgment and order dated Nov. 13th, 1992 dismissed the appeal and directed the bank to pay him all benefits. Consequently he was deemed to be reinstated in service, and all benefits were given by the bank treating him superannuated from service with effect from March 31st, 1986.