JUDGMENT :

Sr. Sen, J.

Heard Mr. S.C. Chakrawarty, learned Sr. counsel assisted by Ms. M. Mahanta, learned counsel for the petitioner as well as Mrs. T. Yangi, learned counsel for the respondents/Bank.

2. The brief fact of the petitioner's case in a nutshell is that:

"The petitioner was initially appointed as a clerk-cum-cashier in the State Bank of India on 01.09.1983 and promoted as a Scale 1 officer on 01.08.1997. Subsequently a departmental proceedings was held against him and he was given the penalty of dismissal from service on 08.08.2007. However, neither in the enquiry report was there any conclusive findings of any financial loss caused to the bank by the petitioner, nor was the petitioner given any penalty for forfeiture of any of his monetary dues for the period of service rendered by him. In November 2010, the petitioner began corresponding with the bank for payment of amounts due to him on account of gratuity and the bank's contribution to his provident fund. The bank refused to pay the amount on account of the bank's contribution to the petitioner's provident fund citing the bank rule which actually vests the bank with the discretion to pay the same. As for gratuity, the