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2006 Supreme(AP) 1306

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
RAMESH RANGANATHAN, J.
G. Ramakrishna Rao Appellant
versus
UCO Bank, H.O. Personnel Dept, Calcutta, rep., by the Chairman and the Managing Director and others Respondent
W.P. Nos. 21796 and 28824 of 1995
Decided on 07-11-2006.
Advocate Appeared
Mr. B. Nalin Kumar, Counsel for the Petitioner in both.
Mr. Ajay Kumar, SC for UCO Bank Counsel for the Respondents in both the Petitions.

Headnote:

Constitution of India – Articles 14, 16 and226 –UCO Bank (Officers) Service Regulations, 1979 – Regulation 3(c), Regulation 19 – Reserve Bank of India Regulations – Regulation 26 – Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 –Section 12 (2), 19 Industrial Disputes Act – Section 25-F – the A.P. Shops and Establishment Act, 1966 – Section 40 – Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – Section 47 – Writ Petition (1 & 2) – Mandamus – Certiorari – Compulsory Retirement – Seeking a writ of mandamus to the respondents to permit him to rejoin service as a Scale III officer, to direct them to pay him full salary and to grant him all ancillary and attendant benefits or in the alternative to direct the respondents to pay him compensation of Rs.20.00 lakhs, 1st W.P. is filed by the petitioner – When 1st W.P qas pending, the first respondent, issued proceedings retiring the petitioner from service with immediate effect and directed that he be paid an amount equivalent to three months substantive salary/pay and allowances last drawn by him Seeking a writ of certiorari to quash the said proceedings and consequently permit him to rejoin service as a Scale III officer, to pay him full salary the petitioner filed 2nd W.P – Held, Since the petitioners claim for compensation of RS.20.00 lakhs would necessarily depend on an adjudication of the disputed questions of fact, these are all matters to be decided on the basis of evidence before the civil court of competent jurisdiction – It is made clear that this Court has not examined the petitioners claim for compensation of Rs.20.00 lakhs – The orders now passed shall not preclude the petitioner from availing such remedies as are available to him in law, for payment of the compensation claimed by him of Rs.20.00 Lakh – The petitioner is entitled for full pay and allowances as an officer of the bank from first April Nineteen Ninty Three To Twenty Four November Nineteen Ninty, including revision in pay scales and arrears thereof – Since the petitioner was treated as "on duty", and not on medical leave, it must be held that he is also entitled for encashment of leave which had accrued to his credit on his being treated as "on duty" – The petitioner shall also be paid the differential amount between the three months pay and allowances prevailing as and the three months pay and allowances paid to him based on the pay scales prevailing– Since the petitioner has been denied the amounts lawfully due to him, the aforesaid amounts shall carry simple interest at 8% per annum, calculated from the date on which the amounts fell due till the date of actual payment – 1st Writ Petition dismissed and 2nd Writ Petition Allowed in terms of the aforesaid observations

JUDGMENT

Seeking a writ of mandamus to the respondents to permit him to rejoin service as a Scale III officer, to direct them to pay him full salary with effect from 1-4-1993 and to grant him all ancillary and attendant benefits or in the alternative to direct the respondents to pay him compensation of Rs.20.00 lakhs, W.P.No.21796 of 1995 is tiled by the petitioner herein.

2. When W.P.No.21796 of 1995 was pending on the file of this Court, the first respondent, in exercise of the powers conferred under Regulation 19(1) and (2) of the UCO Bank (Officers) Service Regulations, 1979, issued proceedings dated 24-11-1995 retiring the petitioner from service with immediate effect and directed that he be paid an amount equivalent to three months substantive salary/pay and allowances last drawn by him. Seeking a writ of certiorari to quash the said proceedings dated 24-11-1995 and consequently permit him to rejoin service as a Scale III officer, to pay him full salary with effect from 1-4-1993 and grant him all ancillary and attendant benefits or in the alternative to direct the respondents to pay him compensation of Rs.20.00 lakhs, the petitioner filed W.P.No.28824 of 1995.

3. Facts, to the extent necessary, are that the petitioner, a graduate in commerce with CAI.I.B, was appointed as a clerk in the respondent bank on 20-7-1964. He was promoted to "D-Grade" officers cadre (Scale-I) on 1-12-1970 and thereafter as a C Grade officer (Scale - II) on 1-4-1976. He was promoted as a Scale III officer on 1-7-1983. In 1986 he was appointed as an enquiry officer to enquire into the charges levelled against Sri S.S. Murthy who was then working as the Manager of the Sarojini Devi Road Branch, Secunderabad. On 18-6-1986, when the petitioner was returning home from office, acid was thrown on him which resulted in his face being completely disfigured and in loss of vision in both his eyes. Within an hour, the petitioner was rushed to Osmania General Hospital for treatment. For the next three years, till the end of September, 1989, the petitioner underwent 17 operations, necessitating his hospitalization for a period ranging between two to eight weeks each time. These operations were largely plastic surgeries for correction of the disfigured eyelids, lips, nose, neck and different portions of the face. The petitioners efforts to have his vision restored, getting advanced treatment at reputed medical institutions like Rajendra Prasad Eye Center of the All India Institute of Medical Sciences, New Delhi and the L.V. Prasad Eye Institute, Hyderabad were all in vain. The then Chairman and Managing Director of the 15t respondent Bank visited the petitioner at his residence in the third week of August, 1986 to enquire about his health. The Officers Association submitted several memoranda, to the Chief Executive Director of the bank, seeking special leave, full medical aid, compensation etc., to officers victimized on account of such incidents during the course of their duty.

4. While matters stood thus, the petitioner received a letter dated 6-4-1993, from the 3rd respondent, informing him that they had been advised by the 2nd respondent not to extend the facility of special leave beyond 31-3-1993, in view of the telex message dated 1-4-1993 received from the 1st respondent. In the letter dated 6-4-1993 the petitioner was asked to intimate his willingness to accept voluntary retirement on payment of compensation in terms of the banks circular dated 29-12-1986. The 3rd respondent informed the petitioner that, in view of the instructions given by the 1st respondent, extension of special leave was not being sanctioned any longer and that the benefit of full medical reimbursement, extended to him till then, was also being discontinued. The petitioner applied for half pay leave, available to his credit, which, according to him, was more than 325 days. The respondents, however, declined to sanction leave stating that the same would not lie when special leave was gra






























































































































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