J.V.Vasantha Kumar v. Puduvai Bharathiar Grama Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2024

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU J.V.Vasantha Kumar ... Appellant/Petitioner -vs1. Puduvai Bharathiar Grama Bank, Rep. by its Board of Directors/Appellate Authority, Head Office No.441, M.G.Road, Muthialpet, Puducherry-605 003.

... 1st Respondent/1st Respondent

2. Puduvai Bharathiar Grama Bank, Rep. by its Chairman/Disciplinary Authority, Head Office No.441, M.G.Road, Muthialpet, Puducherry-605 003.

... 2nd Respondent/2nd Respondent Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 30.08.2022 passed in W.P.No.865 of 2013 insofar as the learned Judge has denied the relief of reinstatement in service with back wages and other attendant benefits to the appellant in Para 15 and 16 of the order and allow the Writ Appeal. For Appellant :

Mr.V.Subramani For Respondents :

Mrs.Rita Chandrasekar For M/s.Aiyar & Dolia ***** 1/4

J U D G M E N T

(By D.Krishnakumar,J.,) This Writ Appeal has been filed, challenging the order of the learned Single Judge dated 30.08.2022 made in W.P.No.865 of 2013, by which the Writ Petition filed by the Writ Petitioner/appellant herein was allowed with a direction to issue a relieving order to the petitioner. Since the Writ Petitioner sought reinstatement before the Writ Court and contrarily, he was directed to be relieved from service without stigma, he is before this Court

2. When the matter was taken up for hearing on the last hearing, after hearing the parties concerned, this Court posed a question to the learned counsel for the appellant whether it would suffice if the appellant is accommodated as fresh recruitee in the respondent Bank and thereafter, upon satisfaction of his service, his probation could be declared by the Bank, for which, it was replied by the learned counsel for the appellant in the affirmative tone. Hence, this Court instructed the learned counsel for the respondent Bank to get necessary instructions from the respondent Bank to that extent.

3. Today, learned counsel for the respondent Bank fairly agreed that the Bank is prepared to reinstate the appellant as a Probationer and subject to the 2/4

satisfactory assessment of his work, the probationary period will be declared by the respondent Bank, enabling him to continue in service. Learned counsel for the appellant, on instructions, has stated across the bar that the appellant consented for the concession given by the respondent Bank.

4. Recording the submissions made on either side, this Writ Appeal is disposed of. The respondent Bank shall pass suitable orders within a period of two weeks from the date of receipt of a copy of this judgment. It is made clear that the appellant is treated only as a fresh recruitee on the basis of the concession given by the Bank and he is not entitled to any other monetary benefits as a matter of right. No costs. [D.K.K., J.,] [K.B., J] 16.07.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 3/4

D.KRISHNAKUMAR,J., AND K.KUMARESH BABU,J., ar 16.07.2024 4/4