Sanjeev Setia v. State Bank Of India & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 49/2017 SANJEEV SETIA ......Appellant Through:

Ms. Ruchika Mittal, Advocate versus STATE BANK OF INDIA & ANR.

..... Respondents Through:

Mr. Rajiv Kapur and Mr.

Akshit Kapur, Advocates

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH

ORDER

% 24.08.2020 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic. CM APPL.20166/2020 The present application under Section 151 of the Code of Civil Procedure, 1908, has been instituted on behalf of the applicants/respondents, praying as follows:

"i. that the respondent will be given the posting in Scale - III which is not necessarily of Senior Branch Manager;

ii. that the appellant will not be entitled to continuity pf service that the appellant will not be entitled to any other consequential benefits.

iii. the option would have to be exercised by the appellant as mentioned in para 11 above.

LPA 49/2017 Page 1 of 2

iy. pass any other further or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

We have perused the averments made in the present application and heard learned counsel appearing on behalf of the parties. Vide order dated 03.12.2019, a Coordinate Bench of this Court, whilst allowing the appeal, had directed the respondent-State Bank of India, the applicant herein, to post Mr. Sanjeev Setia, the nonapplicant/appellant herein, as Senior Branch Manager (Scale-III) in one of its branches.

The present application instituted on behalf of the said applicant/respondent-State Bank of India seeks clarification/modification of the said order dated 03.12.2019.

In view of the foregoing, it is considered appropriate to list this matter before the Coordinate Bench, comprising HMJ Vipin Sanghi and HMJ Rekha Palli, who had rendered the said order dated 03.12.2019, for 'directions' on 26.08.2020, subject to and after obtaining necessary orders from Hon'ble Chief Justice.

SIDDHARTH MRIDUL, J TALWANT SINGH, J AUGUST 24, 2020/dn/as Click here to check corrigendum, if any LPA 49/2017 Page 2 of 2