Leave Encashment on Compulsory Retirement From Bank
Sir
Summary of my case is as follows:
I was working as Manager MMGS-II in Oriental Bank of Commerce.Due to certain issues I was "compulsorily retired" from Bank's Service in the year 2010. I requested bank to release my Retiral dues after the final order but bank refused to release my retiral benefits as i was compulsorily retired. So in the Year 2013 i filled a Writ Petition before Hon'ble Allahabad High Court to get my retiral dues released. Court wide its order dated 4.09.2013 directed the Bank to consider my Representation in accordance with law. After this order Bank released my dues except "Leave Encashment" by giving the reason that Leave encashment is not payable in case of Compulsory Retirement. Aggrieved by this I again Filled a Writ before Hon'ble Allahabad High Court in the year 2014.Meanwhile several High Courts and Even Hon'ble Supreme Court of India allowed the Payment of Leave Encashment in case of Compulsory Retirement. My case came for Final hearing on [deleted] and court Order the following:----
Learned counsel for petitioner has argued that this case is fully covered by the latest judgment of Hon'ble Supreme Court in the matter of Bank of Baroda v. S.K.Kool (D) Through LRs. and another, Civil Appeal No.10956 of 2013 arising out of Special Leave Petition (civil) No.17054 of 2009, decided on 11.12.2013. The matter relates to the payment of leave encashment which appears to be a factual matter but since identical case has been decided by the Hon'ble Supreme Court as alleged by the petitioner, it will be appropriate that the matter may be relegated to the opposite party no.1 to look into the matter in the light of the aforesaid judgment and pass appropriate speaking orders within a maximum period of three months from the date a certified copy of this order along with the copy of the above order of the Hon'ble Supreme Court is placed before him. The opposite party no.1 will also allow personal hearing to the petitioner at the time of taking decision in the matter. Sri Tarun Varma(counsel for Respondent Bank) has no objection to the above order. We order accordingly.
After reading the above order i have certain doubts in my mind Firstly The case on which my petitioner has placed reliance (BOB vs SK KOOL(D)) is a case of Workman Cadre and it is governed by Bipartite Settlement whereas I was an officer and officers payment of Leave encashment is governed by OSR(Officers Service Regulations) Regulation 38. So i am afraid that bank will reject my claim in light of judgement relied upon by my counsel. SO please tell what should i do now. What Legal Option i have left with after this order of Division bench. My advocate has felled into an error by relying on judgement of Workman Cadre employee. Please guide me as i am in desperate need of help. As the court has ordered them to consider my claim in light of the above judgement only so what to do in case bank refuses to pay it. Please help.