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CASE NO.: Appeal (civil)  3640 of 2006

PETITIONER: Farrukhabad Gramin Bank

RESPONDENT: Ashok Saxena & ors.

DATE OF JUDGMENT: 24/08/2006

BENCH: Dr. AR. LAKSHMANAN & TARUN CHATTERJEE

JUDGMENT: JUDGMENT (@ SLP(C)NO.11783 of 2003) With CIVIL APPEAL NO.3642 OF 2006 (@ SLP(C)NO.1370 of 2006)

Dr. AR. Lakshmanan, J.

        Leave granted in both the special leave petitions.         Heard learned Senior Counsel appearing on either side.

CIVIL APPEAL NO.3640 OF 2006 (@ SLP(C)NO.11783 of 2003)         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.

CIVIL APPEAL NO.3642 OF 2006 (@ SLP(C)NO.1370 of 2006)

       The said appeal was filed against the final judgment  and order dated 24.11.2005 passed by the High Court of

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Judicature at Allahabad in Civil Misc. Writ Petition No.72235 of  2005.  By the said order, the Division Bench of the High Court  disposed of the writ petition with a direction to the respondent  therein i.e. the appellant herein to promote the writ petitioners  on the post of Field Supervisor and re-designated as Officer  Junior Manager-I in compliance of the judgment of the said    High Court dated 19.12.2002 and thereafter hold any selection  on the post of Field Supervisor or any equivalent post which  shall be subject to the decision of the Apex Court in special  leave Petition no.11783/2003, which was pending at that time.                  In view of the remittal order passed by us now in Civil  Appeal No.3640 of 2006 (arising out of S.L.P.(C) No. 11783 of  2003), the order dated 24.11.2005 passed by the Division Bench  of the High Court has become infructuous.  Since the matter  has been pending for a very long time before the High Court  and also in this Court, we request the Hon’ble Judges of the  Division Bench of the High Court to dispose of the Special  Appeal on merits after affording opportunities to the affected  parties, the respondents therein.  The Special Appeal is to be  filed within three weeks from today.  During the pendency of the  S.L.P.(C) No.11783/2003, this Court, by interim order dated  10.2.2006, stayed the contempt proceedings. The said order will  continue to be in force till the disposal of the Special Appeal by  the Division Bench of the High Court.  We request the learned  Judges of the Division Bench to dispose of the Special Appeal  within three months from today.

       The appeals are accordingly disposed of with no orders  as to costs.