Smt. Archana Tiwari Smt. Archana Sharma v. Chhattisgarh Rajya Sahakari Bank Maryadit

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 463 OF 2016 1.

Smt. Archana Tiwari (Smt. Archana Sharma) wife of Shri Arjun Tiwari, aged about 45 years, resident of Lakshmi Nivas, B-204, V.I.P. Colony, in front of State Bank, New Sarkanda, Bilaspur (C.G.) 2.

Chandra Prakash Namdeo, son of Shri Basantlal Namdeo, aged about 48 years, resident of Hanuman Nagar, Titurdih, Durg, Tahsil & District Durg (C.G.) ... Petitioners

Versus

Chhattisgarh Rajya Sahakari Bank Maryadit, Raipur, through its Managing Director, Pandri, Raipur, Tahsil and District Raipur (C.G.) ... Respondent For Petitioners :

Mr. Santosh Bharat, Advocate.

For Respondent :

Mr. Akash Pandey, Advocate.

(Hon'ble Shri Deepak Gupta, Chief Justice) Order on Board 05/08/2016 1.

Heard.

2.

Learned Counsel for the Petitioners submits that in so far as claim of reinstated employees of the Bank for grant of consequential benefits is concerned, counterparts of the Petitioners in the State of Madhya Pradesh were granted relief by the High Court of Madhya Pradesh vide order dated 20.11.2013 passed in Writ Petition (S) No. 2955 of 2010. He submits that the Petitioners are identically situated and though they were also reinstated, consequential benefits were not granted and they claimed parity.

3.

Learned Counsel for the Respondent submits that in this case the petition is not so belated since the termination was set aside in the year 2008. He however submits that the claim of the Petitioners would be considered and appropriate decision will be taken in accordance with

-2law with a limited right to the employer to consider the question of delay also.

4.

Accordingly, the writ petition is finally disposed of with a direction to consider the Petitioners' claim for grant of consequential benefits on the face of submission and claim of parity. While granting relief, if any, the Respondent can take into consideration the issue of delay and modulate the relief accordingly. The decision should be taken within a period of six weeks.

Sd/- (Deepak Gupta) Chief Justice /sharad/