PROMOTHESH DUTTA CHOUDHURY Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard Mrs. B. Goyal, learned Counsel appearing for the Petitioner as well as Mr. G. Jalan, learned Counsel appearing for the Respondent authorities.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the Petitioner has invoked the writ jurisdiction of this Court seeking a direction to the Respondent authorities to furnish him the statement of accounts relating to his service and also to release the pensionery benefits to him. The Petitioner joined the State Bank of India on 6th August, 1964. He was placed under suspension on 6.8.84 and removed from service on 3.1.1985 following the departmental proceeding. Being aggrieved, the Petitioner had approached this Court by filing a Civil Rule No. 947/1985. This Court, by order dated 30.5.85 while allowing the writ petition substituted the order of removal with the punishment of compulsory retirement. As the Respondent authorities failed to release the pensionery benefits to the Petitioner, he instituted a contempt proceeding and the same was closed on the basis of the submissions made by the Respondents that the Petitioner having not completed the qualifying period of service was not entitled to pensionery benefits. Subsequently the Petitioner filed another writ petition being Civil Rule No. 559/91 seeking a declaration and direction regarding entitlement of his pensionery benefits. By order, dated 27.7.96, passed in the above mentioned writ petition, this Court held that the Petitioner was entitled to get the pension as per rule. The said order was challenge by filing a Writ Appeal No. 274/98 and the Division Bench, by judgment and order dated 10.01.2001, passed in the above mentioned Writ Appeal, while dismissing the appeal upheld the judgment and order passed by the learned Single Judge in Writ Petition No. 559/91. The said order of the Division Bench was challenged by filing a SLP before the Hon'ble Supreme Court and the Hon'ble Supreme Court vide order, dated 12.5.2001, passed in S.L. Appeal (C)No. 8217/2001 dismissed the same. Thereafter, a review application being Review Petition (C) No. 779/2001, was filed before the Hon'ble Supreme Court and the same was also dismissed vide order dated 7th August, 2001. Thus, the order of the learned Single Judge, passed in Writ Petition No. 559/91, regarding entitlement of the pensionary benefits by the Petitioner attained its finality. By their letter dated 24.12.2001 the Respondent authorities in pursuance to the order dated 10.1.2001 passed in Writ Appeal No.274/98, inter alia passed the following order.

(3.) According to the Petitioner, in spite of repeated approach the matter regarding payment of pension has not been finalized and that the pension has been released with effect from the date of the compulsory retirement dated 3.1.85. Hence, the Petitioner has approached this Court seeking the following reliefs: