1. By this writ petition filed under Article 226 of the Constitution of India, petitioner, who was an employee of the respondent no.1/Union Bank of India, questions the orders passed by the respondent no.1/Bank dated 20.1.1999, 23.4.1999 and 27.3.2001 whereby it has been held that the petitioner’s services with the respondent no.1/Bank have come to an end on account of abandonment of services by the petitioner. These orders of the respondent no.1/Bank read as under:-

“ORDER DATED 20.1.1999

UNION BANK OF INDIA

REGION OFFICE

Shaheed Bhagat Singh Place

Bangla Sahib Marg,

New Delhi-1

RO:DEL:STF:321/99

January 20, 1999

(Regd. A/d)

It is on record that Sh. V.K. Narang was absent from duties from 04.11.1996 to 01.07.1997 and 03.07.1997 to till date. A memo NZ STF 2618/97 dated 03.06.1997 was issued to him to show cause why his continued absent, without valid reasons, should not be treated as voluntary cessation of employment as per clause 17 of the Bipartite Settlement and as amended upto date. In compliance to this memo, he had reported just for duty on 02.7.1999, thereafter continued remain absent till date without any information/application for leave.

Sh. V.K. Narang has thus remained absent for more than 90 days consecutive days unauthorized and thereby under himself liable for action under clause 17 of the Bipartite Settlement that deal with voluntary cessation of employment by the employees.

The Management is also satisfied that Sh. V.K. Narang has no intention to joining duties for the following reasons:-

1. During his above absence, the following letter has been sent asking him to resume duties, but he has failed to comply with the instructions:-

Telegram dated 10.07.1997.

2. He has not cared to send intimation to the Management as to the reason for remaining absent and/or probable duration of his absence.

3. He has been remaining absent without satisfying the requisite conditions under which leave may be taken as per rules of the Bank applicable to him.

Under Clause-17 of the Bipartite Settlement, Sh. V.K. Narang is hereby given 30 days period to resume duties at the branch. He is further required to satisfy the Management that he has not taken up any employment or vocation and that every intention of joining duties. If Sh. V.K. Narang does not report for duty on or before 30 days from the date of this memo of Okhla Branch and does not fulfill the conditions required above for permitting him to resume duties, he will be deemed to have been voluntarily retired from the bank’s services.

ORDER DATED 23.4.1999

MEMORANDUM

FROM:

TO:

UNION BANK OF INDIA

SHRI V.K.NARANG

STAFF DEPARTMENT

CLERK/CASHIER

REGIONAL OFFICE

OKHLA BRANCH,

NEW DELHI

N. DELHI

RO: DEL STF 1936:99

DATE: 23.04.1999

Attention of Sh. V.K. Narang is drawn towards our Memorandum No. RD. Del STF:321/99 dated 20.1.99 wherein he was required to resume duties at Okhla Branch within 30 days. Alternatively, Sh. Narang had to fulfill, the conditions required from permitting him in resume duties. Further, he was earlier absent from duties from 04.11.1996 to 01.07.97 and from 3.07.1997 to till date. However, Sh. Narang has neither resume duties nor sent any communication within the given time period. The same was duly acknowledged by him on 6.3.99.

In view of this above, Shri Narang is informed that under clause 17 of the V.B. Parties settlement his case has been treated as voluntary cessation from the services of the Bank with immediate affect further Shri Narang is informed that his name has been struck off from the Muster rolls of the Branch.

ORDER DATED 27.3.2001

RO:DEL:STF:2523:2001

Dated 27.3.2001

Shri V.K. Narang

B-26, Anand Vihar

New Delh-92

Dir Sir,

PENSIONARY BENEFITS

With reference to your claim forms for sanction of pension, we wish to inform you that you have voluntarily abandoned for pensionary benefits under Union Bank of India (Employees) Pension Regulations, 1995.

Thanking you,

Yours Faithfully

(A.K. Pathak)

SR. MANAGER (S)”

2. The issue in question is of the petitioner’s absence from 4.11.1996 t