2024:BHC-AS:20584-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12161 OF 2019 (1) Dattaram Atmaram Sawant , Age 57 years, Occ.: Retired, (2) Seema Dattaram Sawant, Age 56 years, Occ.: Retired, Both residing at 764, Vrindavan, Shivshakti Nagar, Nardave Road, At Post Taluka Kankavali, District Sindhudurg … Petitioners Versus Vidharbha Konkan Gramin Bank, having its Head Office at Chandraprastha, 2^nd and 3^rd Floor, Plot No.6, Deendayal Nagar, Ring Road, Nagpur 440 022, (Maharashtra State) through its Chairman … Respondent ……

Mr.Shailendra S. Kanetkar with Mr.Yash Dhawal for the Petitioners.

Mr.Bhavesh Wadhwani with Ms.Shrishti Shetty i/b. M/s. M.V.Kini and Co. for the Respondent.

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CORAM: NITIN JAMDAR, and M.M. SATHAYE, JJ.

DATE: 2 May 2024.

JUDGMENT (Per: Nitin Jamdar, J.)

Rule. Rule made returnable forthwith. The Respondent waives service. Taken up for disposal.

2. The question to be considered in this Petition is whether the Petitioners have lost their right to encash privilege leave because they resigned from the services of the Respondent—Bank.

3. Petitioner No.1, Dattaram Atmaram Sawant, and Petitioner No.2, Seema Dattaram Sawant, were employees of the Respondent— Vidharbha Konkan Gramin Bank. Dattaram Sawant was appointed as an Assistant Manager on 8 December 1984. He worked with the Respondent – Bank for 30 years, 7 months, and 26 days. On 2 May 2015, he addressed a letter to the Respondent – Bank as resignation and advance notice of 90 days to relieve him from service from 2 August 2015. The Regional Manager, by letter dated 31 July 2015, accepted the resignation of Dattaram Sawant. On 9 March 2017, the Respondent-Bank issued an experience certificate to Dattaram Sawant for the period during which he worked with the Respondent-

Bank as satisfactory.

4. Seema Dattaram Sawant was appointed on 6 August 1984 as a Cashier in the Respondent – Bank. She worked with the Respondent – Bank for 30 years, 1 month and 25 days. On 16 June 2014, she wrote a letter to the Respondent – Bank for voluntary retirement with effect from 1 October 2014, and she was informed by the Respondent – Bank that as per the Respondent- Bank’s service regulations, there was no provision for voluntary retirement. She, therefore, by letter dated 28 June 2014, requested the Respondent - Bank to treat her letter as resignation and advance notice of 90 days. The Respondent- Bank, by communication dated 30 September 2014, accepted her resignation and that she would be relieved from service on 30 September 2014. Thereafter, on 12 April 2018, the Respondent -Bank issued an experience certificate to her certifying that the period she worked with the Bank was satisfactory.

5. Wainganga Krishna Gramin Bank was amalgamated with the Respondent -Vidharbha Konkan Gramin Bank. In a meeting held on 17 May 2013, the Respondent- Bank adopted the service regulations which were in force in the erstwhile Wainganga Krishna Gramin Bank and framed its own service regulations named as Vidharbha Konkan Gramin Bank (Officers and Employees) Service Regulations, 2013 (for short Regulations of 2013). The Regulations of 2013 are identical to service regulations of the erstwhile Wainganga Krishna Gramin Bank. A notification was published in the official gazette on 28 October 2013 whereby the earlier service regulations of the Respondent- Bank came to be amended and replaced with the Regulations of 2013. As such the service conditions for officers and employees of the Respondent – Bank are now governed by the Regulations of 2013.

6. Under the Regulations of 2013, the employees are eligible for privilege leave computed at one day for every 11 days of service on duty, and privilege leave would be accumulated up to 31 December 1989 for an aggregate period of up to 180 days and from 1 January

1990, it would be accumulated up to not more than 240 days.

7. The last drawn salary of Dattaram Sawant was Rs. 82,193/-. As per the privilege leave sanctioned form sig