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2012 Supreme(AP) 158

GHULAM MOHAMMED, NOOTY RAMAMOHANA RAO
Regional Manager, Indian Bank – Appellant
Versus
J. Siva Sankaram – Respondent


Advocates Appeared:
For the Petitioners:Ambadipudi Satyanarayana, Advocate.
For the Respondents:V.S.R. Anjaneyulu, Advocate.

Judgment :-

Ghulam Mohammed, J.

This writ appeal is preferred by the respondent – Indian Bank in the writ petition challenging the correctness of the judgment and order passed by the learned single Judge who allowed the writ petition filed by the 1st respondent – employee of the said bank.

During the currency of the writ petition, the 1st respondent – employee/officer of the bank died. His legal representatives have been permitted to prosecute the writ petition.

The 1st respondent – writ petitioner has been retired from service of the appellant – bank on 8.6.1979 as a measure of punishment. By then, he has already put in 34 years of service to the bank. However, he was not granted gratuity. Ultimately, his representations for payment of gratuity have been turned down on 28.1.1981 on the premise that he was compulsorily retired from service for acts, which amounted to offence involving in moral turpitude and hence he is not eligible to receive gratuity. The case of the 1st respondent – writ petitioner was that as per regulations of the respondent-appellant/Indian Bank, payment of gratuity can be denied only to such employees who are either removed or dismissed from service and not fo








































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