Rajneesh Sonkar vs Bank Of India
2021 Latest Caselaw 5061 MP

                                                         1                                 WP-15834-2021
                                The High Court Of Madhya Pradesh
                                           WP-15834-2021
                                        (RAJNEESH SONKAR Vs BANK OF INDIA AND OTHERS)


                      Jabalpur, Dated : 06-09-2021
                            Heard through Video Conferencing.

                            Shri Alok Tiwari, learned counsel for the petitioner.
                            Shri Anoop Nair, learned counsel for the respondents on advance

notice.

Heard.

The petitioner is being seeking following reliefs:-

(i) To direct the respondent Bank to consider the petitioner's representations (Annexures P-2 and P-3)

(ii) To direct the respondent no.2 to pay the amount of leave encashment to the petitioner.

(iii) To direct the respondent to pay interest @ 12% per annum on such unpaid sums.

(iv) To grant any other relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case

including cost of the litigation in favour of the petitioner.

It is argued that the petitioner was appointed on 04.03.1983 in the respondent Bank as a Cashier-cum-Clerk, he was subsequently posted as an Officer Junior Management on 01.02.2004. Thereafter, he was again promoted as Officer Middle Management Grade-II in the year 2009. He was again promoted in the year 2013 as Middle Management Grade Scale III and he was transferred to Barwah Branch in respondent Bank. A departmental enquiry was initiated against the petitioner in the year 2015 and vide order dated 17.01.2017 the respondent Bank terminated the services of the petitioner. After passing the termination order, the respondent Bank did not pay any amount of leave encashment to the petitioner; therefore, the petitioner Signature SAN Not approached the respondent bank by way of filing certain representations and Verified

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.09.07 13:51:26 IST 2 WP-15834-2021 also sent a legal notice on 07.04.2021, but of no consequence; therefore, the present petition is being filed.

An innocuous prayer is made against the respondent no.2 to consider and decide the representation submitted by the petitioner within a stipulated time frame.

Learned counsel appearing on behalf of the respondents on advance notice submits that he has no objection in directing the respondent Bank to decide the representation submitted by the petitioner.

Considering the facts and circumstances of the case, the petitioner is directed to submit a fresh representation to the respondents within a period of 10 days along with copy of this order and along with the copy of the orders passed in Writ Appeal No.240/2019, dated 08.11.2019 (Narmada Jhabua Gramin Bank Through Chairman Vs. Mukund) as well as the order passed in Writ Petition No.1347/2016 by the Bombay High Court in the case of Ashok and ors. Vs. Chief Secretary and Others, dated 17.02.2017 and in case such a representation is filed, the respondents authorities are directed to consider and decide the same within a period of 60 days.

Considering the judgments passed in the aforesaid case and the outcome be communicated to the petitioner within the aforesaid period.

Needless to mention here that this Court has not expressed any opinion on the merits of the case.

Accordingly, this petition stands disposed of.

                                                                               (VISHAL MISHRA)
                                                                                    JUDGE


                      taj




Signature
 SAN      Not
Verified

Digitally signed by
TAJAMMUL
HUSSAIN KHAN
Date: 2021.09.07
13:51:26 IST