PUNJAB NATIONAL BANK Vs. Y.K. SINGLA

JUDGEMENT

(1.) CM No. 5209 of 2011.

(2.) ON account of the averments made in the application, the delay of 37 days in filing the Letters Patent Appeal is condoned.

(3.) BRIEFLY stated, the facts are that the respondent joined the appellant -Bank as Clerk on 19.2.1958. Thereafter, he earned various promotions during his long tenure of service. Eventually, the respondent retired on 31.10.1996 upon attaining the age of superannuation while holding the post of Chief Inspector in the Inspection and Audit Division. The retiral benefits in the nature of gratuity and leave encashment were withheld by the appellant -Bank on account of the fact that judicial proceedings were pending against the respondent for certain alleged lapses committed by him in the year 1981 -82 while holding the post of Manager. The aforementioned judicial proceedings concluded on 31.10.2009 wherein the respondent was acquitted of the said charges by the CBI Court, Chandigarh. It is the admitted case between the parties that the respondent was thereafter released the amount towards gratuity and leave encashment on 30.2.2010 and 6.2.2010 respectively and still further, he was paid interest for the period from his acquittal i.e. 31.10.2009 till the actual date of payment. Aggrieved of the action of the appellant -Bank in denying him interest on the withheld retiral benefits i.e. leave encashment and gratuity w.e.f. his date of retirement i.e. 31.10.1996, the respondent had filed Civil Writ Petition No. 6469 of 2010 claiming interest for such period. The writ petition having been allowed and interest @ 8% per annum having been granted, resultantly, the instant Letters Patent Appeal.