SANJIWANI DEVI Vs. PUNJAB NATIONAL BANK AND OTHER

JUDGEMENT

(1.) This writ application has been filed seeking quashing of of the letter dated 31.01.1998, whereby, the petitioner's husband late Raghubhar Dayal Sharma, an Assistant Manager, Punjab National Bank, Nawada, Ara was made to retire with effect from 31.01.1998.

(2.) Learned counsel for the petitioner has referred to a comparative chart in respect of the salaries of the employees, which has been brought on record by way of Annexure-4 to the writ application and the seniority list of Officers in Middle Management in Grade Scale-I as on 01.01.1996 indicate that the date of birth of the petitioner's husband was treated to be 31.3.1942 and has accordingly contended that the petitioner's husband should have been allowed to continue in the Bank till he attained the age of superannuation on that basis in the year 2004. According to him, the Bank erroneously treated his date of birth to be 01.01.1938 and on that basis, by the impugned letter the petitioner's husband was made to retire with effect from 31.01.1998. It is also the case of the petitioner that as even as per the Matriculation certificate, her husband's date of birth was 31.3.1942.

(3.) There are certain facts which are not in dispute. The petitioner was appointed as Clerk in the erstwhile Universal Bank of India on 03.07.1960. The Universal Bank came to be amalgamated with Punjab National Bank in the year 1967. Annexure-4, which has been referred to above contains a comparative chart of the salary of the employees of the Universal Bank taken over by the Punjab National Bank. In the said, chart date of birth of the petitioner has been mentioned as 31.03.1942. Annexure-5 is the seniority list of the Officers in Junior Management Grade Scale-I as on 01.01.1996. In the said list also the date of birth of the petitioner's husband has been mentioned as 31.03.1942. These two documents are official documents and there is no denial of existence of such documents, by the Respondents Bank in their counter affidavit.