Release of promotions denied to me under Sealed cover procedure.

This letter of mine fairly explains the case. The ad hoc promotion given 2008 has been made effective from 1993 and arrears with interest has been paid to me recently but further promotions are not talked about. Will I get relief from the court? From:????????? 20.01.2017 D. Nanda Kumar, B.Sc, CAIIB D-501, Anand Garden CHSL., Anand Park, Kanderpada, Dahisar (W), Mumbai-400068. Mob. [deleted] E’mai: [deleted] To The Chairman & Managing Director,??????? Dena Bank, Dena Corporate Center, C-10 Bandra Kurla Complex, Mumbai-400 051 Dear Sir, Sub.: Release of further promotions subsequent to release of notional promoion from Scale I to II which was held in sealed cover since 1993 & giving adequate compensation to mitigate the injustice, ignominy and mental agony as well as trauma I was put through. I humbly request you to refer to my earlier letter dated 11.07.2014 wherein I had claimed as under: 1. To give promotion from Scale I to II w.e.f 12.04.1993 the date on which my promotion dates should have been fixed notionally and not 24.11.2008, from which day the Bank had released in the year 2008, with the benefit of arrears 2. I am eligible and entitled to receive the arrears with all consequential benefits from 12.04.1993. In short I should have been paid arrears from 12.04.1993 for about 17 years. 3. I may bring it to your kind attention that I was acquitted on merits without any benefit of doubt in the prosecution case filed against me by CBI after getting sanction from the bank. The Bank, being a model employer, should have and ought to have released all the benefits on its own in the year 2014. However, having not been considerate, despite my acquittal on merits, I was forced to approach High Court of Mumbai as all my letters to the bank requesting for releasing the monetary benefits did not yield any action including not even acknowledging the letters in the year 2014/15/16. The High court of Mumbai as you are aware upheld my petition and directed the bank by its judgment dated 01.10.2008 as under: On the facts therefore, it is clear that the committee as required had consulted CBI. It cannot be that every time, the review committee meets, it has once again to reconsider the reply given by the CBI in respect of the same employee. Once the committee had given its report, it is for the Chairman and Managing Director to take a decision based on the report of the committee. That decision has not yet been taken. In our opinion, under these circumstances, the only relief that can be granted is to direct the Chairman/Managing Director to consider the report submitted by the Review Committee from time to time and to take a decision within eight weeks from today. The learned counsel for the Petitioner contends that the Petitioner should be given promotion from the date the sealed cover procedure was followed or at least from the date of the report of the committee. The Petitioner for the first time approached this court in the year 2008. The promotion made in such a case is an ad hoc promotion for six months, to be reviewed from time to time. The promotion is subject to the result of the Select committee having found the Petitioner eligible for the promotion where the sealed cover procedure was followed. If the Petitioner has not been found eligible for promotion, the question of promoting him would not arise merely based on the sealed cover procedure. If the Petitioner has been selected by the Selection Committee, then the Chairman and Managing Director will consider the case of the Petitioner within eight weeks as set out in this judgment. Needless to say that subsequently, if the Petitioner is exonerated or discharged or acquitted from the charges, the Petitioner’s promotion would be considered in terms of the rules in force pertaining to sealed cover procedure. Cont..2 :2: 4. After the judgment of acquittal came in March, 2014 I once again made many requests for releasing the benefits due to me. This also did not result in any action on the part of bank. And consequently with heavy heart I was compelled and forced to file Contempt petition which is due any time now for hearing. 5. In the mean time Bank released part benefit but the bank is required to consider my notional promotions as per terms of the rules in force pertaining to sealed cover procedure as under: Scale II??1993 Scale III??1998 Scale IV??2003 Scale V??2006 Scale VI??2008 6. It may be submitted that the prosecution was not requested by the undersigned but it was on the part of the Bank in having given sanction without considering the facts of the case at that point of time resulting in me having losing the entire Banking career besides the ignominy I had to face in the social life. Any right thinking institution that too, a Public Sector institution should be considerate to its employees instead of keeping silent, acting partly that too under compulsory circumstances which is painful and no employee should be made to undergo the agony I had undergone. 7. I pray that at least now the bank will be considerate in upholding the rights of an honest Officer which had joined this noble bank with lot of dreams and expectations to serve his best. My credentials can be checked with any of the Executives present and past which will reveal the truth (as well as by going through the performance since 1995 to 2010 listed out in the annexure (as submitted to review committee in 2007) with due updation). ?As regards the third demand the Bank has tacitly admitted to my right for adequate compensation to mitigate the injustice, ignominy and mental agony as well as trauma I was put through due to their acts of commission and omission resulting in the injustice, ignominy and mental agony as well as trauma I was put through by way of reply dated 09.07.2015 to my query under RTI act, 2005 as under: Query: What is the position of claim (as above). Reply: This is being dealt within the Bank’s existing guidelines. The same need to be considered now as per quantification mentioned in my reminder dated 01.10.2014. The acts of commission and omission are listed out in the annexure to this letter. Please arrange to acknowledge receipt, intervene in the matter as competent authority and arrange to release the promotions with back dates and also set right the records by giving respect to Bank’s promotion policy. I shall thank you for your kind intervention and favourable action. Thanking you Yours faithfully (D.Nanda Kumar)