SIWAN KSHETRIYA GRAMIN BANK Vs. RAMDEO SINGH

JUDGEMENT

(1.) RAMDEO Singh was an employee of the Siwan Kshetriya Gramin Bank. He filed CWJC no. 6588/91 which was decided by an order dated 3 August, 1993. The petition had been disposed of with certain observations. The respondent bank was directed to consider the claim of the petitioner in the light of the observations which were made in the judgment. The aspect Which the bank was meant to engage itself into was the allowance which the employee was meant to receive during the period of suspension. The learned Judge did not spell out the exact ratio of percentage of the emoluments to be received during the period of suspension but gave certain directions to the respondents that they will look into the matter. The facts are not in issue. If suspension continues for a longer period the employee would be entitled to draw half of the basic pay plus dearness allowances and other allowances as specified in Class IV of the Sivan Keshetriya Gramin Bank (Staff) (Service) Amendment Regulations, 1982. The employee claimed that he may be entitled to 75% as is applicable to State employee should they be suspended.

(2.) THE issue being contended before the court today is that the employee would get only a part of the basic pay during the period of suspension but not any proportion of the revised pay should it be revised. The bank sought a review of the order of the learned Judge. This review application was considered. The review was dismissed by an order of 31 January, 1994. The bank filed LPA which was dismissed on the ground that it is not maintainable against a review order. This was the order dated 9 April, 1994. (Hon ble K.S. Paripoornen, CJ and Hon ble A.K. Ganguly, J.) Against the order of the LPA holding it as not maintainable against the order on a review application the bank filed a SLP before the Supreme Court. The Supreme Court by its order dated 1 May, 1995 remitted the Shri Gupteshwar Bedua Versus Magadh University matter that the LPA may be heard on merits. Thus, the LPA is being considered.

(3.) DISMISSED .