Chattisgarh High Court
B. Rajeshwar Sharma vs Shri Sarveshwar Lenka 10 ... on 31 October, 2018
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CONT No. 162 of 2015
B. Rajeshwar Sharma S/o Shri B.S. Sharma Aged About 58 Years Presently
residing and posted at Bhatagaon, Police Station And Tahsil Bilaigarh, District
(Revenue And Civil) Balodabazar- Bhatapara Chhattisgarh
---- Petitioner
Versus
Shri Sarveshwar Lenka (Chairman) Chhattisgarh Rajya Gramin Bank, Head
Office Madadev Ghat Road, Sundar Nagar Raipur, Tahsil And District (Revenue
And Civil) Raipur Chhattisgarh
---- Respondent
For Petitioner : Shri Tanuj Patwardhan, Advocate on behalf of Shri Pradip Saxena, Advocate For Respondent/contemnor : Shri B.D. Guru, Advocate Respondent namely Shri Sarveshwar Lenka, Ex. Chairman of the respondent Bank along with Shri V.B.G. Rao, General Manager of the respondent Bank are also present before the Court.
Hon'ble Shri Justice Goutam Bhaduri Order On Board 31/10/2018
1. Respondent namely Sarveshwar Lenka, Ex. Chairman submits that he has been retired, therefore, his presence is exempted.
2. Shri V.B.G. Rao, General Manager, who is present before the Court along with the counsel would submit that the National Industrial Tribunal Award dated 22.02.1991 was passed wherein a joint list of Branch Managers and Field Supervisors were cumulatively prepared as per the direction. It is submitted by 2 the counsel that by such merger of list of two different posts the seniority of the petitioner might have been further gone down as compared to the earlier seniority list of 1984 and the fresh seniority list was prepared on 28.02.2015. Under the circumstances, the petitioner prays that he may be given an opportunity to make a detailed representation to the respondent so that spirit and effect of order dated 26.02.2013 passed in W.P. No.483/1993 is complied in its true object and spirit.
3. Prima facie it appears that no deliberate attempt has been made to disobey the order of the Court dated 26.02.2013. Under the facts of this case, the petitioner is given an opportunity to make detailed representation to the present chairman along with the copy of this order giving entire details so that he can putforth his grievance about the seniority if any. It is further directed that if any representation so made by the petitioner in detail, the same shall be decided objectively without any malice or any bias and may be decided in its true spirit of the order by the authority who is responsible to take any decision. At this stage, considering the facts of this case, the Rule is discharged.
4. Accordingly, the petition is disposed of.
Sd/-
Goutam Bhaduri Judge Ashu