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Supreme Court - Daily Orders

All India Regional Rural Banks ... vs Union Of India on 18 November, 2022

Bench: M.R. Shah, M.M. Sundresh

                                                          1

     ITEM NO.8                                 COURT NO.5                    SECTION X

                                       S U P R E M E C O U R T O F        I N D I A
                                               RECORD OF PROCEEDINGS

     Writ Petition(s)(Civil)                    No(s).    993/2022

     ALL INDIA REGIONAL RURAL BANKS EMPLOYEES ASSOCIATION Petitioner(s)

                                                         VERSUS

     UNION OF INDIA & ORS.                                                      Respondent(s)

     Date : 18-11-2022 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE M.R. SHAH
                            HON'BLE MR. JUSTICE M.M. SUNDRESH


     For Petitioner(s)                     Mr. G.V. Chandrashekar, Sr. Adv.
                                           Mr. N.K. Verma, Adv.
                                           Ms. Anjana Chandrashekar, AOR

     For Respondent(s)


                                UPON hearing the counsel the Court made the following
                                                   O R D E R

It is the case on behalf of the petitioner that the provision of Regulation 72(3) of the Regional Rural Gramin Banks (Officers and Employees) Service Regulations is wrongly interpreted, though as per the proviso in respect of an officer the gratuity payable is based on the last pay drawn. According to the petitioner Association, last pay drawn includes “Dearness Allowance etc.” If it is the case on behalf of the petitioner Association that there may be wrong interpretation of Regulation 72(3), and some elements are excluded while considering the last pay drawn, it will be open Signature Not Verified Digitally signed by Sanjay Kumar Date: 2022.11.19 to the concerned officers to challenge it before the appropriate 12:49:46 IST Reason:

court/forum. However, it cannot be said that Regulation 72(3) of the Regional Rural Gramin Banks (Officers and Employees) Service 2 Regulations is ultra vires.
In view of the above, learned counsel for the petitioner Association seeks permission to withdraw the present writ petition. The writ petition is dismissed as withdrawn in view of the above observations.
(SANJAY KUMAR-II)                                     (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                              ASSISTANT REGISTRAR