HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No. 14422 OF 2019

O R D E R:

Petitioner is stated to have joined the 2^nd

respondent bank on 18.03.1985 as Probation Officer. In 1988, he was charge-sheeted for the irregularities alleged to have committed by him in 1991 when he was working at Mehdipatnam Extension Counter, Hyderabad and was dismissed from service on 19.11.1998. He challenged the said order vide Writ Petition No. 13987 of 1999 wherein this Court modified the order of dismissal into CRS by order dated 17.03.2015. It is stated, petitioner addressed letter dated 27.09.2015 to the 3rd respondent that he is interested to opt for pension and requested to send relative papers, but the 3rd respondent replied that since he was a dismissed employee, is not eligible for gratuity and further stated that there was balance of Rs.80,303/- and the same was adjusted towards loan

dues.

While so, on 03.11.2018, petitioner came to know

that the bank had issued a Circular regarding pension, therefore, he rushed to Varni Branch from where he was dismissed from service and submitted requisite papers to the 1^st respondent, who did not forward the papers to the 3^rd

respondent as time specified in the Circular was over. He therefore, addressed letter dated 27.11.2018 to the 3rd respondent, for which, the 4^th respondent replied on 12.04.2019 stating that last date for submission of pension Application was 11.09.2018 and since there is delay, the same cannot be considered now and hence, rejected his request. The 4^th respondent further stated that the said Circular was uploaded with guidelines to submit the Applications from eligible CRS employees and the said contents of the Circular have also been notified in the bank’s website under ‘Retirees Portal’. Petitioner again is stated to have addressed letter dated 27.04.2019 to the 3^rd respondent explaining the delay of 52 days in submitting pension papers to the 1st respondent where there was no information from Respondents 1 and 6 who are actually responsible to see that the Circular reaches CRS employees, but no action has been taken thereon. Hence, the Writ Petition.

2. The 4^th respondent filed counter stating that petitioner was dismissed from service on 19.11.1998 for failure to discharge duties with utmost integrity and honesty which is I contravention of Regulation No. 3(1) read with Regulation No. 24 of Syndicate Bank Officer Employees’ (Conduct) Regulations, 1976; he had misused the official position causing detriment to the interests of the bank and exposing the bank to financial risks.

It is stated that as per Payment of Gratuity Act, 1972 (for short, ‘the Act’), Section 4(6), gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss or destruction of property belonging to the employer shall be forfeited to the extent of the damage of loss so caused. The gratuity payable to an employee may be wholly or partially forfeited if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part or, if the service of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of employment. It is stated, since petitioner was terminated for failure to discharge duties with utmost integrity and honesty, he is not eligible for gratuity.

It is stated, the Bank issued guidelines though Circular dated 13.07.2018 extending another option for CRS employees of the bank, under which, the last date for submission of request for pension along with relevant annexures was 22.08.2018. The Circular was uploaded on 13.07.2018 with guidelines to submit the Application from eligible CRS employees on or before 22.08.2018; on receipt of representations, the said date was extended up to 11.09.2018; the bank diligently provided reasonable time to CRS employees to apply for pensi