JAYOTI BANERJEE Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) The petitioner was an employee of the United Bank of India. He was placed under suspension pending departmental enquiry on 10th January, 2004. The petitioner was to receive the subsistence allowance as per the provision of the bipartite settlement during the period of suspension.

(2.) A charge sheet was issued against the petitioner on 11th March, 2004. The petitioner by a letter 20th December, 2005 requested the branch manager of the Bank to compute his subsistence allowance and pay arrears of subsistence allowance with retrospective effect on the basis of the revised scale of pay as per the 8th bipartite settlement. The Bank responded to the request of the petitioner and intimated him by a communication dated 4th January, 2006 that no arrear and revised salary due to wage revision could be paid to him as per the Rules of the Bank, as an employee who is placed under suspension is entitled to receive only subsistence allowance, and is not entitled to receive any other pay and allowance including the revised salary or arrears on account of wage revision.

(3.) The petitioner thereafter by a communication dated 30th December, 2011 intimated the bank regarding discrepancy in payment of subsistence allowance for the period April, 2004 to May, 2010.