UCO BANK Vs. MADANLAL SWAMI

JUDGEMENT

(1.) By way of this intra-court appeal, the appellantsemployers, UCO Bank and its Officers, seek to question the order dated 06.12.2012 whereby, the learned Single Judge of this Court has allowed the writ petition (CWP No.4020/2004) filed by a retired employee (the respondent herein) on his grievance that the period of suspension during the disciplinary proceedings was not being counted as a part of his active service.

(2.) In brief, the relevant factual aspects leading to this appeal could be noticed in the following: The respondent herein was an employee of the appellant-Bank and, while working on the post of Assistant Manager (Cash) at the Branch Office Paota, Jodhpur, sought voluntary retirement under the UCO Bank Employees' Voluntary Retirement Scheme-2000. His prayer for voluntary retirement was accepted by the competent authority and the decision in that regard was conveyed under a letter dated 21.04.2001.

(3.) The case of the respondent-employee in the writ petition had been that after retirement, he was entitled for certain retiral benefits out of which, ex gratia payment was made on 02.06.2001 and gratuity amount was paid on 23.07.2001. The respondent stated his grievance in the manner that on 07.09.2001, his pension was settled but upon going through the relevant documents, he found that while determining his length of service for the purpose of calculating retiral benefits, the employer had reduced the period of service by 2086 days, being the period he remained under suspension from the year 1991.