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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUMAN SHYAM
Sailendra Nath Kakati, S/o. Lt. Loknath Kakati – Appellant
Versus
Uco Bank, rep. By General Manager Personnel – Respondent
JUDGMENT :
(SUMAN SHYAM, J.)
Heard Mr. B. D. Konwar, learned senior counsel assisted by Ms. B. Soren, learned counsel appearing for the writ petitioner. Also heard Mr. M. Sharma, learned Standing Counsel for the UCO Bank appearing in this case for all the respondents.
2. In this writ petition, a prayer has been made by the writ petitioner for issuance of a writ of mandamus upon the respondent bank for releasing his retiral (terminal) benefits pursuant to removal from service by the order dated 04.03.2008 issued by the Bank. The facts of the case, in a nutshell, are that the writ petitioner herein was initially appointed as a Clerk in the UCO Bank on 16.05.1978. Thereafter, he was promoted to the rank of Junior Management Grade Scale-I and then to the Middle Management Grade Scale-II officer rank. While discharging his services as above, the authorities had initiated a departmental proceeding against the petitioner which had culminated in the order dated 04.03.2008 whereby, an order of “removal from service which shall not be a disqualification for future employment” was issued to him. That apart, punishment of reduction to lower Grade i.e. from Scale –II to Scale-I at a basic pay of R
An employee removed from service is entitled to pension and terminal benefits if eligible under the rules, despite conflicting provisions in the Bipartite Settlement.
An employee removed from service due to misconduct is entitled to superannuation benefits as per Bipartite Settlement, despite delays, which justifies additional interest on unpaid dues.
Removal from service does not automatically forfeit pensionary benefits if the employee meets the qualifying service, emphasizing a harmonious interpretation of disciplinary and pension regulations.
Disciplinary removal does not forfeit pension entitlement due to regulatory amendments; dual punishment is against principles of fairness.
(1) Workman would be entitled to receive terminal benefits for the period of service he had rendered.(2) Punishment – Modified penalty as imposed by Appellate Authority will attain finality if it is ....
A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
Exercise jurisdiction under Article 226 of Constitution of India, as far as justiciability of order of penalty is concerned - Order of penalty so confirmed by appellate authority and prayers made in ....
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