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Judgment
By an order dated 18th June, 2021 the respondents were directed to consider whether the admissible dues, as stated by the petitioner, can be paid in
accordance with the Rules and Regulations of the bank. An affidavit, affirmed by the Assistant General Manager of UCO Bank on 28th June, 2021,
has been filed by the respondent bank to state about the admissible dues of the petitioner.
On perusal of the said affidavit, I find no clear statement as to the admissible dues of the petitioner as referred to in the order dated 18th June, 2021.
The petitioner, in paragraph 33 of the writ petition, has asserted about the Provident Fund, Gratuity and Leave Encashment and has tentatively
quantified the amount on such heads. This is apart from the fact that the petitioner had opted for pension. The Court in order to adjudicate the issues
involved in the writ petition requires the figures payable to the petitioner on account of Provident Fund, Gratuity and Leave Encashment taking into
account that the petitioner was in service till 15th December, 2017. The cut off date is taken as 15th December, 2017, as the order of termination
dated 26th December, 2019 passed in the Disciplinary Proceedings as against the petitioner says that the period between the petitioner’s
suspension i.e. 15th December, 2017 and the date of termination i.e. 26th December, 2019 shall not be treated as period spent in service. The bank
should also indicate the amount of pension payable to the petitioner treating that the petitioner was in service till 15th December, 2017 assuming
without admitting that the petitioner had opted for pension in the respondent bank. A statement as to any Service Rule or Circular applicable to the
petitioner entitling the bank to withhold the petitioner’s retiral benefits has to be also stated.
These facts and figures will be indicated without prejudice to the rights and contentions of the respondent bank by way of an affidavit to be filed within
20th August, 2021. The affidavit shall also disclose whether any monetary claim of the respondent bank as against the petitioner on account of alleged
defalcations has been quantified by any competent Court or authority.
A copy of the affidavit shall be served on the petitioner immediately after being affirmed.
Let this matter appear on 24th August, 2021.