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2012 DIGILAW 648 (MAD)

Syndicate Bank Officers' Association, rep. By its Joint Secretary, U. Jayaraman v. Syndicate Bank, Head Office, Personnel Department

2012-02-07

R.SUDHAKAR

body2012
Judgment :- 1. This writ petition is filed to call for the records of the first respondent relating to the impugned circular No.217/99/BC/PD/68/IRD, dated 2.11.1999 and quash the same. 2. The petitioner-association has filed the writ petition challenging the circular whereby concession given to Officers of Bank to claim certain benefits on transfer till quarters are made available, was withdrawn. According to the petitioner-association, the members of the association were enjoying the benefits in terms of Circular dated 21.9.1987 and therefore, it should be extended further. The Circular dated 21.9.1987 reads as follows:- "Presently, if officers/ Managers eligible for quarters at a particular place are transferred to another place and if quarters are not readily available for them at the new place of posting, they are either paid halting allowance or reimbursed actual hotel expenses (subject to ceiling prescribed by the Bank from time to time) till quarters are fixed up or upto 15 days, whichever is earlier, from the date of reporting at the place of posting. In order to be eligible for halting allowance/ actuals as above, the officer should have vacated the quarters provided to him/ her at the previous place. " 3. The respondents however placed on record that the circular withdrawing the concession as above was based on the circular dated 30.6.99 issued by the Deputy Secretary, Government of India, Ministry of Finance, Department of Economic Affairs. 4. Similar circular issued by the Union of India was challenged earlier in a writ petition, which was rejected by a single Judge of this Court and the Division Bench of this Court in W.A.No. 1020 of 2010, dated 14.10.2011 upheld the order dismissing the writ petition holding that the benefit was given as a concession and was granted without compulsion and therefore, it can be withdrawn subsequently. The Bench also noticed that the withdrawal of the Circular is based on the Government of India Circular dated 30.6.1999. 5. In view of the order of the Division Bench as above and also the Circular of the Government of India dated 30.6.1999, there is absolutely no merit in the writ petition and accordingly, the same is dismissed. No costs.