IN THE men 00021' 01? KARNATAKA AT BANGAIDRE DATED THI8 THE 30%: my 05' JULY 2003 % % " % BEFORE THE HON'BLE MR. JUSTICE AJi'i'AJ;(3¥JIi§,}AI'. ; WRIT PETITION No.25o52/2o02(s--:2;i j * % BETWEEN : N.S.Jyothiram, Aged about 67 years, ' 9 S/o.1ate N.Scshayya (Jhetty, _ ' Eariier worldng at _. CanaraBank, ' Chennai, since _ " ' Service and residing at, 3 A 1/2, Muthappa mace Chennai --- 60-0 030, A ...PETITIONER % (By"4;.fSx*i.P.S.i2$;;:g'tS'pai'&vAssts., Advs.) V' A body the _ _ éT'--«(A£:qI_,1isi£:io1a.ai1d 'Transfer of ' Ur1d§:1'£a1;in.gs) Act, 1970 V '*.__'Rc:prescntcd by its (Personnei), (mice, 1510.112, J.C.Roa::l, V Bangalom -- 560 602. ...RISPONDEN'1' (By Sfi.B.S.S ym, Adv.) This writ petition is filed under Article 226 of t.he_ Constitution of India with a prayer to direct "theff-._ .. respondent to refix the pension and gratuity paye;ble~gQ .
the petitioner taking his pay for the wot’ ‘ ~
determination of pension and gratuity as Rs. ?’=.i.f
necessary by quashing .g _ ‘ «°._
No.MC.DAC.691.E-3’7 dated 29.5.1939
‘C’, in so far as it reduces the basic pay__of_the petifioner
to Rs.1,175/- and further
disperse arrears of pension and
This writ petition conhng, ” K o:i”foi¥.I’E:ew”mg”‘ , day,
the Court made the foilowirxgz’ _ V’
The petitionef Bank as a
clerk on 13, of years, at the
relevant of as a Manager in
Middle Management It is not in dispute
were initiated agahlst him
uaetciaargei’ dated 9″! September 1987 was
which is produced at Annexure
. t V It is for us to go into the relevancy of
Sufiiee it to say that the reply given by the
was not acoepted. Enquiry was held and the
of dismissal from service was imposed. During
. 3 ..
the Disciplinary proceedings, he was kept under”
suspension. On appeal by the petitioner, the penalty:
the dismissal was modified to one of zweducf-i03,j7*;V~:’t£j7A.f§.ej’:: J: A.
lower post that is finm Manager in Sc_a3ee_I4IA ‘4
Scale–I with the basic pay fixed at Rs.V:’i,v1’?.5if#
scale applicable to Junior
The petitioner has
continued to work in the Scale-I.
2. Mr.B.S.S 3rm,_ .. counsel
appearing that for over a
period of ifacrements.
3. Tlxis ggtmpn is for a direction to
ttie pension and gratuity payable
to his pay for the purpose of
Epension and gratuity as Rs.13,560/-.
V. ._M1e:P.S.Rajagopa1, learned Serfior counsel
the petitioner submits that having regard
fact that a major penalty has way been
that of reduction E1 the rank and reduction of fl
K
pay scale, certainly cannot go together inasmuch
both would amount to major penalty, which is .
contemplated under the Regulations. He would M
a nmng ofthis Court in w.P.No.342s:2/199.5 <'1e\ '
12th April 2000.
5. Mr.B.S.Shankara:n_
appearing for the respoxlvciifiit . ,,3§ on the
date when the at
later point of benefits
were not in ” that it is not
open for his pension be fixed
on the pay % getfing when he was
II. It is also submitted that
096: vtii:i:a::, he has earned I2 hlcremmzts. In
far which is sought to be prcswd
submits that, it is not applicable.
¥¢f find sumciem fame in tlm conacention of
learned counsel @pearmg’ for
tfiémspondent Indeed it is to be noticed that initially, M
/’
gr’
.5.
the ywr 1988. Having regmd to the fact that
water has flown under the Bridge mm’ a period _
the petitioner, after a lapse of close ‘4 2
entitled for the nelief. There is no mcfit. 15etit;i§n.LA%
Petition stands rejected.
Rule dischaxgcd.
SP8