ASHOK KUMAR RAINA Vs. J&K BANK LTD

JUDGEMENT

(1.) THIS is appeal against the judgment and order dated 9.4.97 delivered by the learned 2nd Addl. District Judge, Jammu by virtue of which the application moved by the appellant for allowing him to join in the Bank has been disallowed. The appeal has been filed for setting aside the same and seeking direction against the respondents to allow the appellant to join the post of clerk -cum -cashier for which post appellant stands duly selected. Basically suit for declaration was filed in the High Court. The appellant stood selected against the post of clerk -cum -cashier. Last date to join the post was given as 31.7.90. The appellant could not join because on his way to Srinagar from Jammu he met with an accident and sustained multiple injuries. On 31.7.90 he sent joining report through his brother which was rejected and finally he was not allowed to join. When the case was going on in the High Court interim order was passed directing the respondent Bank to reserve one post till the next date of hearing and this order was made absolute on 4.6.93. On 4.6.93, this court directed the respondents to allow the appellant to join against the post which was reserved in terms of court order dated 3.12.92. This order was exparte. Respondents filed Letters Patent Appeal No. 2/93 before the Division Bench. The Division Bench disposed of the appeal vide its order dated 15.7.93. The Division Bench while setting aside the impugned order dated 4.6.93 directed the case to be listed before the Single Bench who will re -hear the parties and pass afresh orders on merits. The case was remanded back to the Single Judge who transferred the same to District Judge for disposal under law. Thus it came to the file 2nd Addl. District Judge, Jammu through District Judge, Jammu. The 2nd Add! District Judge passed the impugned order dated 9.4.97 by virtue of which the prayer of applicant/ appellant to allow him to join the post of clerk -cum -cashier during the pendency of the suit was disallowed. Hence this appeal,

(2.) HEARD the learned counsel for the parties,

(3.) LEARNED counsel for the appellant has urged before me that the appellant stands duly selected. The only dispute is about that he could not join the duties himself up to the date he was directed to join. For that he has furnished the justification that he met with a road accident on his way to Srinagar and sustained multiple injuries. Secondly, he has invited my attention to a representation which he filed before the Chairman -Bank. The Chairman writes to General Manager which reads as under: -