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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SURESH KUMAR KAIT, VIVEK JAIN
Bank Of India Through Its General Manager – Appellant
Versus
Narmada Prasad Choudhary – Respondent
ORDER :
Suresh Kumar Kait, CJ:
1. By this common order, both these writ appeals are being disposed of as one has been filed by the appellant/Bank of India (hereinafter referred to as ‘the Bank’) and the another by the employee (writ petitioner) against the same impugned order allowing in part by the learned Single Judge.
2. Writ Appeal No.445/2024 has been filed by the Bank being aggrieved by the order dated 23.11.2023 passed by the learned Single Judge in Writ Petition No.3428/2021 whereby the writ petition filed by the writ petitioner Narmada Prasad Choudhary was partly allowed with the following directions:-
“18. Accordingly this petition is allowed in part directing the respondent Bank to count the total service of the petitioner counting the period of 7 years 8 months and 11 days to be in service and his total length of service shall be calculated w.e.f 08.07.1974 till 30.06.2013, as such retiral benefits and other pensionary benefits be calculated accordingly and other benefit for which the petitioner is entitled, be also granted to him treating him to be in service during that period also. The aforesaid exercise be carried out within a period of three months from the date of rec
An employee who successfully contests compulsory retirement is entitled to full benefits, including service time lost during the retirement, highlighting the judicial emphasis on proportionality in d....
Period of service excluded due to unjust compulsory retirement must be counted for benefits upon reinstatement as per judicial directives, ensuring equitable treatment for employees.
Retrospective penalties for compulsory retirement are impermissible and must align with the order date past which no previous penalty exists.
The court upheld the principle of proportionality in punishment and emphasized the importance of considering the unexplained delay in disciplinary proceedings when determining service benefits.
Pension calculation must comply with specific rules; compulsory retirement does not entitle weightage for pension benefits.
Compulsory retirement is not a punishment and serves public interest by weeding out ineffective employees, validated by a consistent record of penalties.
The judgment establishes the principle of double jeopardy in employment disputes and emphasizes the need for disciplinary actions to be based on valid grounds and not arbitrary or illegal initiation.
(1) Merely because a show cause notice is issued by indicating proposed punishment it cannot be said that disciplinary authority has taken a decision.(2) If an officer/employee of bank is allowed to ....
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