ORIENTAL BANK OF COMMERCE REPRESENTED BY ITS CHIEF MANAGER Vs. RAMAKRISHNA KANCHERLA, THE CHIEF GENERAL MANAGER DEPARTMENT OF BANKING OPERATIONS AND DEVELOPMENT RESERVE BANK OF INDIA AND THE UNION OF INDIA BY ITS SECRETARY

JUDGEMENT

(1.) THE legality and correctness of the order passed by the learned Single Judge in W.P. No. 8256/2006 dated 27.7.2011 is called in question in this appeal. The appellant herein was respondent No. 3 before the learned Single Judge in W.P. No. 8256/2006.

(2.) THE admitted facts are as hereunder: - - The Global Trust Bank on 28.6.2004 selected respondent No. 1 herein, Ramakrishna Kancherla as Manager. The letter of appointment was issued by the Human Resource Department of the Global Trust Bank calling upon the respondent No. 1 to report for duty on 28.7.2004. It was also stipulated in the letter of appointment that the respondent No. 1 should submit the relieving letter and service certificate from the previous employer in original at the time of reporting for duty.

(3.) RESPONDENT No. 1 was not allowed by the Bank to report for duty on the ground that he cannot be taken for duty pursuant to the Moratorium and Amalgamation Scheme dated 26.7.2004 issued by the RBI. Respondent No. 1 submitted several representations. Since, the same was not considered, he filed a petition before the learned Single Judge seeking to quash the order of cancellation of his appointment and to direct respondent No. 3 to appoint him as Manager in Oriental Bank of Commerce with all consequential benefits including arrears of salary etc. The writ petition was resisted by the appellant herein on the ground that writ petition was not maintainable, in view of the Moratorium and Amalgamation Scheme. Since Global Trust Bank has been amalgamated with the Oriental Bank of Commerce, relying upon the scheme, the appellant herein had requested the learned Single Judge to dismiss the writ petition.