KANWAR KESRI SINGH Vs. PNB ETC. & ORS

JUDGEMENT

(1.) Inter alia issuance of a writ in the nature of mandamus has been sought by the petitioner commanding the respondents to release his retiral benefits including gratuity, provident fund, leave encashment, sick leave salary and arrears of increments, as stated in his representation dated 14.11.1991(Annexure P-4).

(2.) Having heard learned Senior counsel Mr. Kanwaljit Singh assisted by Mr. Gautam Sehgal, Advocate for the petitioner and Mr. Sourav Verma, learned counsel for respondent Bank, I am convinced that so far as relief of pension is concerned, the case of the petitioner is adversely covered by Apex Court judgment rendered in Senior Divisional Manager, Life Insurance Corporation of India and Ors. Vs. Shree Lal Meena, reported as 2019(2) SCT 274 read with Uco Bank and Ors. Vs. Sanwar Mal, 2004(4) SCC 412.

(3.) Before proceeding further, it would be apposite to briefly state that petitioner joined the services of the respondent Bank in the year 1963 and due to personal reasons, after rendering 25 years of service, he submitted his resignation on 05.01.1988, which was accepted belatedly by the bank on 14.10.1991 with effect from 05.02.1988. During the period of interregnum, the petitioner never withdrew his resignation letter, therefore, the Bank accepted the same, without there being any protest by the petitioner.