IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 28.03.2024 Pronounced on 05.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.3003 of 2018 M.Ganesan ... Petitioner Vs.

1.The State Bank of India, Rep. by the Chief General Manager, Local Head Office, “Circle Top House”, 16, College Lane, Chennai – 6.

2.The Assistant General Manager, State Bank of India, Region-I, Zonal Office, No.86, Rajaji Salai, Chennai – 600 001.

3.The Deputy General Manager, State Bank of India, Region-I, Zonal Office, No.86, Rajaji Salai, Chennai – 600 001.

4.The Chief Manager, State Bank of India, Treasury Branch, Thousand Light, Chennai – 600 006. … Respondents Writ Petition has been filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the respondents to pay petitioner arrears of subsistence allowance from the year 05.04.1994 to 07.03.2005 as per the Staff Circular No.123 dated 14.10.1983 staff circular No.3/95 dated 05.05.1995 and Staff Circular No.37 dated 17.08.1998 and as per the 6, 7 and 8^th Bipartite Settlements by considering the petitioner representation dated 05.05.2017.

For Petitioner : Mr.Balan Haridas for Mr.A.Ilaya Perumal For Respondents : Mr.S.Ravindran, Senior Counsel for Mr.B.Raghavulu Naidu

O R D E R

The relief sought by the petitioner in this writ petition is to call for the records relating to (i) the impugned suspension order of the second respondent in No.Dis/Con/090 dated 05.04.1993, (i) the impugned order of dismissal of the second respondent in DIS/CON No.551 dated 07.03.2005 and (iii) the impugned appellate order of the third respondent in DIS/CON/No.112 dated 14.06.2005 and quash the same and consequently direct the respondents to treat the period of suspension of the petitioner from 05.04.1993 to 07.03.2005 as one of duty for all purposes and grant the consequential monetary and pensionery benefits in the post of Special Assistant from 01.07.2009.

2. The case of the petitioner is that the petitioner was initially appointed as Messenger in State Bank of India on 11.06.1973 and subsequently promoted as Clerk in Treasury Branch. This being so, an order of suspension was issued by the second respondent in Dis/Con/090 dated 05.04.1993 stating that some serious misconducts have been committed by the petitioner. Thereafter, the second respondent has passed an order in Dis/Con.No.551 dated 07.03.2005 by imposing punishment of “Dismissal without notice”. Challenging the same, the petitioner has preferred an appeal before the third respondent and the same was dismissed on 14.06.2005. Aggrieved over the said order, the petitioner has filed writ petition in W.P.No.21354 of 2012 before this Court. This being so, the petitioner has sent several representations to the respondent bank to settle his subsistence allowance, however, the respondents have not considered the same. Hence, he filed a writ petition before this Court in W.P.No.14659 of 2005 to consider his representation for getting his subsistence allowance, which was also disposed of on 10.03.2006 with a direction to the respondents to consider the same within a period of eight weeks from the date of receipt of a copy of this order.

3. On receipt of the said order, the respondents have paid a subsistence allowance of Rs.2390/-, from August 1999 to 07.03.2005. Aggrieved over the same, the petitioner has come forward with the present writ petition, seeking arrears of subsistence allowance for a period from 05.04.1994 to 07.03.2005 as per the Staff Circular No.123 dated 14.10.1983, Staff Circular No.3/95 dated 05.05.1995 and Staff Circular No.37 dated 17.08.1998 and as per the 6, 7 and 8^th Bipartite Settlements by considering the petitioner representation dated 05.05.2017.

4. Learned counsel for the petitioner would submit that as per the Staff Circular No.123, dated 14.10.1986, the subsistence allowance should be paid to the petitioner for the first three months from 1/3^rd of his salary. If the suspension order is continu