MILAN KRISHNA ROY Vs. ALLAHABAD BANK

JUDGEMENT

(1.) IN this application under Article 226 of the constitution, the writ petitioner sought for a direction upon the respondent No. 5. to withdraw/cancel/rescind the impugned notice of retirement dated 24th september, 2003 and for not giving effect and/or further effect to the impugned notice dated 24th September, 2003. The petitioner also sought for an order of restraint upon the respondent authority by directing them not to interfere with the service of the petitioner.

(2.) THE facts of the present case may briefly be stated as follows: -The petitioner was working as a Senior Manager in Charge of Currency chest. He assumed such position on 7th July, 2003 after being transferred from the Recovery Branch. He was a Scale III Officer in the middle management of the respondent-Bank. He joined the said Bank in 1977 as a Field Officer in Scale I category. During his service career, he was transferred to different places. He was promoted to the post of Deputy Manager in Scale VI in 1986. In the year 1990, he was further promoted as Senior Manager in Scale III. At the time of joining, the petitioner submitted all necessary credentials including his birth certificate. He informed the Bank authorities that his correct date of birth is 26th of October, 1948, in stead of 1943, as inadvertently recorded in the matriculation certificate. After passing Matriculation Examination, he got scholarship for intermediate Study. This news was published in a local daily of Chittagang, now bangladesh, called "dainik Ittefaq". The original paper cutting along with an affidavit sworn by his father before the 1st Class Magistrate at Chittagang were submitted. His father collected the correct date of birth from the local "prosuti saddan" at Chittagang. The respondent authorities duly took note of his actual date of birth and subsequently recorded the same in the seniority list of officers, part I, Scale II to Scale VII as on 30th June, 1995 and seniority list of officers Part 1 Scale II to Scale VII as on 31st March, 1998. The seniority list published in the year 1992 also records the actual date of birth of the petitioner i. e. , 26th October, 1948. Thus the date of retirement of the petitioner will be 25th of October, 2008 on his completion of 60 years. In the year 1993, the petitioner applied for House building Loan which was sanctioned by the respondent-authorities with a repayment schedule of Rs. 2,225/- to be paid by the petitioner in 192 equal monthly instalments. The number of E. M. Is was thus calculated on the basis of his proposed date of retirement i. e. , 25th October, 2008. The repayment schedule of his Flood Loan was also made accordingly. To his utter shock and surprise, he received a letter dated 24th September, 2003 signed by respondent No. 5 thereby intimating him that he would retire on 31st October, 2003 on his attaining superannuation on 25. 10. 2003. Thus, the respondent-Bank sought to cut his service tenure short by five (5) years. The Service Regulation requires that three months clear notice is to be given. The respondent No. 5 did not have the authority to issue such a notice unless he was delegated with the power in that regard. The respondent-Bank authority also took away his chance of opting for pension scheme. The only child of the petitioner is handicapped and almost confined to bed. Such notice of premature retirement thereby put the petitioner into terrible distress. The petitioner accordingly approached this court for necessary redress.

(3.) AS against this, the respondent-Bank contested the case by filing affidavit-in-opposition denying, inter alia, the material allegations made in the writ application. It was claimed that the petitioner gave his date of birth in the application for appointment as on 26th October, 1943 and he declared that the statement made in the application are correct. He passed matriculation examination in 2nd Division in 1959 and there too, his date of birth was recorded as 26th October, 1943. He appeared in Intermediate Examination in Daca in 1961 and passed B. Sc. Examination in 1963. On 1st July, 1964, he joined Bijoygarh vidyapith, Calcutta as an Assistant Teacher. On 10th August, 1964, he got himself registered as a citizen of India recording his age as 20 years 9 months 9 days. In 1968, he appeared in M. Sc. Examination in Agricultural Botany. He joined the service of respondent-Bank on 27th February, 1977.