IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 3RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.4270 OF 2011 AND WRIT APPEAL NOS.1555-1556 OF 2012 (S-RES) BETWEEN:
PRAGATHI KRISHNA GRAMIN BANK A BODY CONSTITUTED UNDER THE REGIONAL RURAL BANKS ACT, 1976 HAVING ITS HEAD OFFICE AT 32, SANGANKAL ROAD, GANDHINAGAR, BELLARY-583 103, REPRESENTED BY ITS CHAIRMAN.
(BY SRI K. KASTURI, SENIOR COUNSEL FOR SRI T.R.K. PRASAD, ADVOCATE) AND:
1. ALL INDIA REGIONAL RURAL BANK EMPLOYEES ASSOCIATION, GOLDERS GREEN, GROUND FLOOR, F.G. BLOCK 1, NAJRUL ISLAM AVENUE, (V.I.P ROAD), KAIKHALI, KOLKATA-700 052, WEST BENGAL REPRESENTED BY ITS ORGANISING SECRETARY.
... APPELLANT 2. K.M. GURUMURTHY SON OF ANANTHA JOSHI, MAJOR IN AGE, WORKING IN PRAGATHI GRAMIN BANK H.O., WORKING AS OFFICE ASSISTANT (MULTI PURPOSE) (FORMERLY AT TUNGABHADRA GRAMIN BANK) SANGAKAL ROAD, BELLARY-583 103, KARNATAKA STATE.
3. GANAPATHI HEGDE SON OF VISVESWARA HEGDE, MAJOR IN AGE, WORKING IN PRAGATHI GRAMIN BANK AS SENIOR MANAGER (FORMERLY AT TUNGABHADRA GRAMIN BANK), NOW AT REGIONAL OFFICE, DAVANGERE, KARNATAKA STATE.
4. UNION OF INDIA BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS, (BANKING DIVISION) JEEVAN DEEP, PARLIAMENT STREET, NEW DELHI-110 001.
5. NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT, C-24, G-BLOCK, BANDRA, KURLO COMPLEX BANDRA EAST, MUMBAI-400 951 REPRESENTED BY ITS CHIEF MANAGER.
... RESPONDENTS (BY SRI P. S. RAJAGOPAL, SENIOR COUNSEL FOR SRI K. PUTTEGOWDA, ADVOCATE FOR R-1 TO R-3; R-4 AND R-5 ARE SERVED AND UNREPRESENTED) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.20034 OF 2003 (S-RES) DATED 22.03.2011.
***** THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge in Writ Petition No.20034 of 2003 dated 22.03.2011, partly allowing the Writ Petition and issuing various directions, the respondent No.3 therein has filed this appeal.
2. Various contentions are urged by Sri K.K.Kasturi, learned Senior counsel appearing for the appellant’s counsel. A memo dated 16-1-2019 is also filed by the learned counsel for the appellant enclosing a copy of the order of the Hon'ble Supreme Court dated 25-4-2018 passed in Special Leave Petition (C) No.39288 of 2012 (UNION OF INDIA vs. GRAMIN BANK PENSIONERS SAMITI).
3. We have heard learned counsels. Aggrieved by the order passed by the learned Single Judge, the Union of India had filed a Writ Appeal before this Court. It was dismissed for default. Thereafter, it was restored by the order dated 7-9-2012. On the second occasion, also it was dismissed for non-prosecution on 13-1-2014. Thereafter, the Union of India has not pursued the matter and accepted the order of the learned Single Judge. In the interregnum, the Division Bench of Rajasthan High Court in the case of UNION OF INDIA vs. GRAMIN BANK PENSIONERS SAMITI (D.B.Civil Special Appeal(W) No.2021 of 2011), followed the view of the learned Single Judge. Aggrieved by the order passed by the Division Bench of the Rajasthan High Court, the Union of India filed a Special Leave Petition(C) No.39288 of 2012. By the order dated 25-4-2018, the Special Leave Petition was dismissed.
4. Under these circumstances, we do not think it appropriate to hear the learned counsel with regard to the impugned order of the learned Single Judge herein. The impugned order of the learned Single Judge having been followed by the Division Bench of the Rajasthan High Court and the challenge to the same in Special Leave Petition having been rejected, the issue cannot be re-agitated once again. Hence, in view of the order of the Hon'ble Supreme Court passed in Special Leave Petition(C) No.39288 of 2012, on 25-4-2018, these writ appeals are disposed off.
Sd/- Sd/-
JUDGE JUDGE rsk/-