Ram Pal vs Jogindra Central Cooperative Bank

Sandeep Sharma, J

1.Being aggrieved and dis-satisfied with passing/issuance of office order dated 13.4.2015 (Annexure P-3), whereby the seniority and financial benefits given retrospectively w.e.f. 8/2002 onwards, to the petitioner came to be withdrawn, petitioner approached the Erstwhile HP State Administrative Tribunal by way of OA No.1210 of 2015, which after abolition of the same, stands transferred to this Court for adjudication, praying therein for following main relief(s):

"1. That writ petition may very kindly be allowed and direction be issued to quash the Annexure P-3 with immediate effect.

That the recovery of financial benefits may very kindly be stayed till further orders.

That the service rendered by the present petitioner on probation for two years may very kindly be counted as regular service with all consequential benefits.

That the DPC conducted on 21.2.2007 may be reviewed alongwith all other DPCs conducted thereafter."

Having heard learned counsel for the parties and perused reasoning assigned in the order dated 13.4.2015, impugned in the instant proceedings, this Court finds that prior to fling the petition at hand, petitioner alongwith other persons namely Kuldeep Singh and Harish Sharma had approached this Court by way of CWP No. 335 of 2009, titled Kuldeep Singh and Ors. v. State of HP, praying therein for issuance of direction to the respondent-Bank for counting period of their probation towards seniority. Learned Single Judge of this Court vide judgment dated 7.4.2011, allowed the aforesaid petition, as a consequence of which, financial benefits came to be accorded in favour of the petitioners in that petition including the present petitioner retrospectively w.e.f. August, 2002. Being aggrieved with aforesaid judgment rendered by the learned Single Judge, some of the private persons, preferred LPA No. 236 of 2011 a/w LPA Nos. 182 and 183 of 2007, wherein judgment dated 7.4.2011, passed by the learned single Judge, came to be set-aside by the Division Bench on 17.9.2020. Pursuant to aforesaid judgment dated 17.9.2014, rendered by the Division Bench of this court in the aforesaid LPAs, Board of Directors of respondent-Bank in its meeting held on 11.3.2015 withdrew the promotion orders of the petitioner and other persons, as a consequence of which, financial benefits given to them retrospectively w.e.f. August, 2002, also came to be withdrawn. In the aforesaid background, petitioner approached the Original Application in the instant proceedings.

Since order impugned in the instant proceedings (Annexure P-3) has been passed on the basis of judgment dated 17.9.2014, rendered by the Division Bench of this Court in LPA No. 236 of 2011, learned counsel for the respondent-Bank is right in contending that present petition is not maintainable (Annexure P-3) because admittedly, financial benefits sought to be withdrawn vide order dated 13.4.2013 (Annexure P-3) were granted to the petitioner pursuant to judgment dated 7.4.2011 passed by the Single Judge of this Court in CWP No. 3355 of 2009, which judgment subsequently came to be set-aside by the Division bench vide judgment dated 17.9.2014 in aforesaid LPAs. Petitioner ought to have laid challenge to judgment dated 17.9.2014, passed by the Division Bench of this Court in LPAs as referred herein above before superior Court of law instead of filing fresh petition, which otherwise is not maintainable for the reasons stated herein above.

Consequently, in view of the above, present petition is dismissed being not maintainable. However liberty is reserved to the petitioner to file appropriate proceedings before appropriate court of law, if required and desired.