Calcutta High Court
Sumit Kumar Bose vs Allahabad Bank & Ors on 24 February, 2011
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
WP 193 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Original Side
Sumit Kumar Bose
-vs-
Allahabad Bank & Ors.
Present :
The Hon'ble Justice
DEBASISH KAR GUPTA
February 24, 2011.
Appearance :
Mr. Nirmalya Biswas, Advocate.
.. for the petitioner
Mrs. Debjani Sengupta, Advocate.
Mr. Ramaprasad Sarkar, Advocate.
... for the respondents.
THE COURT : This writ application is filed by the petitioner for a direction upon the Respondent-Bank to calculate the Leave Fare Concession block and Leave Encashment block from the initial date of joining of the petitioner in the service under United Industrial Bank Limited.
The facts of this case, in a nutshell, are as follows :
The petitioner was initially appointed in the United Industrial Bank Limited as a Specialist Tea Officer in the Middle Management Grade-I in February, 1983. The aforesaid United Industrial Bank Limited was merged with Allahabad Bank on October 31, 1989. The officers and staff of United Industrial Bank Limited continued to be in service under Allahabad Bank Limited on the same terms and conditions of service as were applicable to them immediately before the closure of business on June 10, 1989.
To remove the confusions and anomalies with regard to the terms and conditions of the service of the aforesaid officers and staff, a discussion took place in between the 2 Management of the Allahabad Bank and All India Bank Officers' Association. After discussion between the Management of Allahabad Bank and All India Bank Officers' Association, a consensus was arrived at to set out the basis for extending the terms and conditions of the service, emoluments, allowances etc. to the officers of the erstwhile United Industrial Bank Limited. Subsequently, the minutes of the above meeting dated October 31, 1989 was widely circulated under Circular No. 2298 dated October 9, 1980.
According to the petitioner, in terms of the above circular, he was entitled to enjoy Leave Fare Concession block and Leave Encashment block taking into consideration his initial date of appointment under the United Industrial Bank Limited. According to him, the last block of Leave Fare Concession and Leave Encashment under the erstwhile employer started on February 22, 1987. The date of starting the last block of Leave Fare Concession and Leave Encashment is disputed by the learned Advocate appearing for the Respondent-Bank. The above block came to an end after merger of the aforesaid Bank with Allahabad Bank on October 31, 1989. According to the petitioner, the first block of Leave Fare Concession and Leave Encashment under the new employer, i. e., Allahabad Bank, should start from February 23, 1991. It is further submitted that the petitioner did not avail of the above opportunity during the aforesaid block.
On the other hand, it is submitted on behalf of the Respondent-Bank that admittedly, in the meeting of the Management of Allahabad Bank and All India Officers' Association, a consensus was arrived at. The procedure for extending the benefit of Leave Travel Concession was recorded in clause-6 of the above consensus taking into consideration the fact that the petitioner did not avail of the opportunity of Leave Travel Concession in respect of the block which was in existence at the time of merger, the first 3 block in respect of his service under the Allahabad Bank should start from September 1, 1990.
Having heard the learned Counsels appearing for the respective parties as also after considering the facts and circumstances of this case, I find that consequent upon the merger of erstwhile United Industrial Bank Limited with Allahabad Bank on October 31, 1989, all officers who were on the roles of erstwhile United Industrial Bank Limited as on the date of amalgamation were deemed to have been appointed in the services of Allahabad Bank except those who opted not to continue in the service of Allahabad Bank. It is also not in dispute that after discussion between the Management of Allahabad Bank and All India Bank Officers' Association in its meeting, a consensus was arrived at and the same was widely circulated by the Circular No. 22987 dated October 9, 1990. Admittedly, the mode of enjoying Leave Travel Concession was prescribed in Clause-6 of the above Circular and the same is quoted below :
"6. LEAVE TRAVEL CONCESSION For the purpose of benefits of LTC and Leave Encashment, the rules/procedure as are applicable to the officers of Allahabad Bank will also be applicable to the officers of erstwhile UIB Ltd.
Both LTC and Leave Encashment block of officers of erstwhile UIB Ltd. will commence from the date next to the date of e xpiry of existing block of erstwhile UIB Ltd.
ILLUSTRATIONS LTC block of officers of erstwhile UIB Ltd. commenced on 05.10.89 as per the rules of the said Bank. In this case, two years block of the officer concerned as per Allahabad Bank's rules from 05.10.89 to 04.10.91 and 4 years block the period of the block will be from 05.10.89 to 04.10.93.
Officers who are availing LTC block of 3 years as per the rules of erstwhile UIB Ltd. such officer, if not availed of his current LTC block may surrender it and in their case LTC block will start w.e.f. 01.9.90 as per Allahabad Bank's rules and those who have availed of their current block, their LTC block will start from the date of expiry of their current block as per Allahabad Bank's rules. 4
Officers of erstwhile UIB Ltd. who made request for availing LTC between the period from the date of moratorium to the date of amalgamation but declined in writing by the Management for availing such LTC during that period and the LTC block has expired, such officers can avail the LTC within 31.12.1990. The rules regarding LTC block as stated above will be governed in their case."
Taking into consideration the fact that the petitioner did not avail of the Leave Travel Concession from his erstwhile employer, his Leave Fare Concession Block and Leave Encashment block should start from September 1, 1990 subject to surrender of the current block by the officer concerned. In the instant case, the petitioner did not surrender his current block, but the Respondent-Bank treated his case as "deemed surrender" and extended the benefit of first Leave Fare Concession block and Leave Encashment block under Allahabad Bank with effect from September 1, 1990. It was in accordance with the provisions of Clause-6 of Circular No. 2298 dated October 9, 1990.
Therefore, I do not find any impropriety in the above decision. No further relief can be granted to the petitioner in this writ application.
This writ application is, therefore, disposed of. There will, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of requisite formalities.
( DEBASISH KAR GUPTA, J ) rnc.
5