B.D.DAWAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) TWO points involved in this case requiring consideration and adjudication are:

(2.) THE petitioner working as Manager with the respondents, for his acts of omission and commission during his service after having been proceeded against departmentally, was reduced by one stage in his existing scale on 24.2.1993 and after a few days i.e. on 28.2.1993, he superannuated. For purposes of calculation of gratuity amount payable to him, basic pay drawn by him on the last day of the month of his service, was taken into account against which action of the respondents he is before this Court claiming that the gratuity has to be calculated on the basis of basic pay actually drawn by him during the last month of his service and not on the basis of basic pay which he drew on the last day of his service on account of imposition of penalty of reduction by stages in his existing scale.

(3.) ACCORDING to Regulation 46 of the Punjab National Bank (Officers') Service Regulations, 1979 (hereinafter referred to as, the Regulations), every officer of the respondent -bank is eligible for payment of gratuity interalia on retirement. Regulation 46 of the Regulations for ready reference is appended as below: