State Bank Of Patiala & Ors vs Vinesh Kumar Bhasin

2. The respondent was an employee of the State Bank of Patiala (`Bank' for short). Regulation 19 of the State Bank of Patiala (Officers) Service Regulations, 1979 provides that an officer shall retire from the service of the Bank on attaining the age of 58 years or upon the completion of thirty years service whichever occurs first. It also provides that an officer will retire on the last day of the month in which he completes the stipulated service or age of retirement. As respondent completed thirty years of service on 17.11.2006, the Bank made an order dated 17.11.2006 retiring the respondent with effect from 30.11.2006 under Regulation 19 of the said Regulations.

7. On the ground that the Bank did not comply with the interim direction of Chief Commissioner, the respondent approached the Allahabad High Court on 10.1.2007 (by filing WP No. 40 (SB) of 2007) seeking a direction to the Bank to obey the order of the Chief Commissioner and a mandamus commanding the Bank and its officers (that is the Dy. General Manager, Delhi Zone, Additional General Manager, III (D) Lucknow, and Branch Manager, Dehradun who are appellants 2 to 4 herein), to pay him salary and allow him to work. The High Court on 12.1.2007 ordered notice to the appellants and also issued an ex parte interim order that the direction of the Chief Commissioner be complied with, with an observation that the question of jurisdiction, if raised by the Bank, will be considered when the matter is next listed. No date was fixed for compliance with the said interim order.

9. Aggrieved by the order dated 12.1.2007, the Bank and its officers have filed SLP (C) No. 6124 of 2007. Aggrieved by the order of the High Court in the Contempt Proceedings, the two officers of the Bank to whom notice has been issued filed SLP (Crl.) No.1870 of 2007. This Court on 23.4.2007 directed issue of notice in both the special leave petitions. As respondent appeared through counsel at the time of preliminary hearing, this Court also noted that the respondent had retired on completion of 30 years of service in November, 2006 and recorded the submission of the respondent that he was prepared to accept the retiral benefits without prejudice to his rights. Accordingly, the retiral benefits have been released to the respondent and the contempt proceedings were stayed on 18.8.2008.

15. On the facts and circumstances we are of the view that the High Court while directing notice on the writ petition filed by the respondent for implementation of the interim direction of the Chief Commissioner for Persons with Disabilities ought not to have issued an ex parte order which virtually amounts to allowing the writ petition without hearing the Bank. The appropriate course would have been to give an opportunity to the Bank to explain its stand, particularly because the court itself felt a doubt about the jurisdiction of the Chief Commissioner and its own jurisdiction. The Chief Commissioner issued the order at New Delhi. The respondent was working at Dehradun and was retired from service at Dehradun. Apparently no part of cause of action arose in the State of Uttar Pradesh. Be that as it may. We therefore held that the order dated 12.1.2007 is unsustainable.

14. The principles relating to grant of interim ex parte orders by the High Court in writ jurisdiction are well settled. Courts should not grant interim orders in a mechanical manner, on the assumption that the aggrieved party can always seek vacation. Grant of ex parte interim orders, that too mandatory orders, routinely or merely for the asking, on ground of sympathy or otherwise, will interfere with justice leading to administrative chaos, rather than serving the interests of justice. Where the writ petition does not make out a prima facie case or where there is any doubt about the maintainability of the writ petition or the jurisdiction of the court or the tenability of the claim, the High Court will not issue any interim order, that too when there is no irreparable loss or injury. At all events, the High Court will desist from issuing an ex parte mandatory injunction or direction which virtually has the effect of allowing the petition ex parte without hearing the respondents. Mandatory interim orders are issued in exceptional cases, only where failure to do so will lead to an irreversible or irretrievable situation. In service matters relating to retirement, there is no such need to issue ex parte mandatory directions. When the writ petition disclosed that the respondent was retired after 30 years of service in accordance with the Bank's regulations, there was no question of any irreparable injury or urgency.

The interim order in the contempt proceedings.

Before issuing any interim direction in contempt proceedings, or proposing to hold anyone guilty of contempt, the High Court should at least satisfy itself that person to whom the notice is issued is the person responsible to implement the order. The order retiring the respondent was not passed by the Branch Manager and obviously he was not the officer who could implement the interim direction of theChief Commissioner or the High Court.

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Conclusion

20. We therefore allow these appeals and set aside the interim directions contained in the order dated 12.1.2007 of the High Court in WP No. 40(SB) of 2007 and the order dated 13.2.2007 in Crl. Misc. Case No.420(C) of 2007. We request the High Court to hear the appellants herein (Bank and its officers) and then dispose of the WP No. 40 (SB) of 2007 and Crl. Mis. Case No.420(C) of 2007 in accordance with law.

21. It is made clear that acceptance of retiral benefits by the respondent during the pendency before this court will not come in the way of his pursuing any remedy, in accordance with law by establishing that he is a person with disability and that he was discriminated, before a forum competent to consider his grievance/complaint.