Ashok Kumar Aggarwal vs Central Bank Of India
2023 Latest Caselaw 21512 P&H

Punjab-Haryana High Court

Ashok Kumar Aggarwal vs Central Bank Of India on 11 December, 2023

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                                            Neutral Citation No:=2023:PHHC:158177




CM-7327-CWP-2019 in/and
CWP-11438-2015             2023:PHHC:158177 1
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

(208)                              CM-7327-CWP-2019 in/and
                                   CWP-11438-2015
                                   Date of Decision : December 11, 2023


Ashok Kumar Aggarwal                                          .. Petitioner



                                   Versus

Central Bank of India                                         .. Respondent


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:       Mr. Ashok Kumar Aggarwal, petitioner in person.

               Mr. Harkirat S. Jagdev, Advocate, for
               Mr. Aalok Jagga, Advocate, for the respondent.

HARSIMRAN SINGH SETHI J. (ORAL)

CM-7327-CWP-2019

Present application has been filed for recalling the order dated

06.03.2019, by which, the present writ petition was dismissed for non-

prosecution.

Notice of the application to the counsel opposite.

Mr. Harkirat S. Jagdev, Advocate, who is present in Court,

accepts notice on behalf of the respondent. He raises no objection for the

grant of prayer as raised in the present application.

Keeping in view the averments made in the application, which

are duly supported by an affidavit, the same is allowed. The order dated

06.03.2019 is recalled and the writ petition is restored to its original number

and status.

CWP-11438-2015

1. In the present writ petition, the challenge is to the grant of

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Neutral Citation No:=2023:PHHC:158177

CM-7327-CWP-2019 in/and CWP-11438-2015 2023:PHHC:158177 2 interest in pursuance to the benefit/relief given by this Court while passing

order in CWP No.8983 of 1991 titled as Ashok Kumar Aggarwal vs.

Central Bank of India, decided on 12.10.2007.

2. The petitioner, who appears in person, submits that the

petitioner had approached this Court challenging the departmental

proceedings initiated against the petitioner, which were made the basis for

not reinstating the petitioner in service. The petitioner submits that the said

proceedings were quashed by this Court and a direction was issued that if

the petitioner has not attained the age of superannuation, he was to be

reinstated and he was held entitled to all consequential benefits relating to

the reinstatement.

3. The petitioner further submits that the said consequential

benefits will also bear interest on the arrears which the petitioner will

become entitled for upon reinstatement.

4. On being asked as to whether, the interest upon the arrears was

claimed before the Court while claiming the benefit in CWP No.8983 of

1991, decided on 12.10.2007, the petitioner, who appears in person, submits

that no such relief as to interest was sought/prayed before the Court, hence,

not granted while passing order dated 12.10.2007.

5. Learned counsel for the respondents, on the other hand, submits

that once it is a conceded position that no benefit of interest was claimed,

the consequential benefits allowed to the petitioner by the Coordinate Bench

while passing order in CWP No.8983 of 1991 decided on 12.10.2007 will

not carry any interest. Hence, once all the benefits under the said order has

already been granted, the petitioner cannot claim the interest which was

never granted.

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CM-7327-CWP-2019 in/and

6. I have heard the petitioner in person as well as learned counsel

for the respondents and have gone through the record with their able

assistance.

7. The petitioner is only claiming interest on the

arrears/consequential benefits which the petitioner has been paid upon

reinstatement keeping in view the order passed by the Coordinate Bench of

this Court in CWP No.8983 of 1991 decided on 12.10.2007.

8. It is a settled principle of law that any relief claimed and not

granted or any relief not claimed, will amount to the non-grant of the said

relief by the competent Court of law. The petitioner, who appears in person,

concedes the fact that no interest was claimed for while seeking the

reinstatement with consequential benefits. That being factual situation, the

petitioner cannot claim the interest in the subsequent proceedings as grant

of the said benefit will amount to modifying the judgment of the Coordinate

Bench of this Court dated 12.10.2007, which has already attained finality

upto the Hon'ble Supreme Court of India.

9. Keeping in view the above, the claim of interest in the present

writ petition is not maintainable in view of the order passed by the

Coordinate Bench of this Court in the earlier proceedings dated 12.10.2007

by which the benefit of reinstatement with consequential benefits was

granted.

10. No ground is made out for the grant of interest as being

claimed. However, the liberty is with the petitioner to file appropriate

application in CWP No.8983 of 1991 in case he is aggrieved for the non-

grant of the interest by the Coordinate Bench of this Court while passing

order on 12.10.2007.

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CM-7327-CWP-2019 in/and

11. Dismissed.

December 11, 2023                  (HARSIMRAN SINGH SETHI)
harsha                                    JUDGE

          Whether speaking/reasoned : Yes/No
          Whether reportable       : Yes/No




                                                      Neutral Citation No:=2023:PHHC:158177

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