FARRUKHABAD GRAMIN BANK Vs. ASHOK SAXENA

JUDGEMENT

(1.) Leave granted in both the special leave petitions.

(2.) Heard learned Senior Counsel appearing on either side.

(3.) The above appeal is directed against the final judgment and order dated 19.12.2002 passed by the learned Single Judge of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition no.367 of 1991. The said writ petition was filed by Ashok Saxena and two others against Farrukhabad Gramin Bank and five others, By the said order, the learned Single Judge directed the Bank to promote the writ petitioners on the post of Field Supervisor with the benefit of seniority. The Bank was also directed to promote the writ petitioners on the post of Field Supervisor within two weeks of the receipt of the certified copy of the order. Aggrieved against the said decision, the Bank straightway filed the above special leave petition in this Court. When the matter was taken up today for final hearing, Mr. Mahendra Anand, learned Senior Counsel appearing for the respondents, raised a preliminary objection stating that the Bank, instead of preferring a special appeal before the Division Bench of the High Court, filed the special leave petition in this Court straightway. In our opinion, there is merit and substance in the preliminary objection. We, therefore, permit the appellant-Bank to approach the Division Bench of the High Court and prefer a special appeal against order dated 19.12.2002 passed by the learned Single Judge of the High Court in Civil Misc. Writ Petition no.367 of 1991. Since the matter has been pending before this Court, the time taken by the appellant-Bank in filing this appeal shall have to be excluded. We, therefore, direct the Registry of the High Court to accept the Special Appeal and place the same before the Division Bench of the High Court after obtaining appropriate orders from the Hon'ble Chief Justice of the High Court.