Dismissed

Harvinder Singh and Anr. v. J and K Bank Ltd. and Ors.

J&K HC11 Sept 2020WP(C)/1246/2020

Case brief

AI extract

What is this about?

This order dismisses a writ petition filed by Harvinder Singh against J&K Bank for quashing notices and notifications and for employment direction. The High Court held the petition was not maintainable as an identical issue was already decided by the Srinagar Bench in a connected matter.

What did the court decide?

The petition was dismissed on the ground of lack of maintainability as the same issue was already decided by another Bench of the High Court.

Harvinder Singh and Anr. Vs J and K Bank Ltd… — Pension and Retirement Benefits | J&K HC (2020)

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Serial No. 101

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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

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WP(C) No. 1246/2020 (O&M) (Through Video Conferencing)

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Harvinder Singh and another …Petitioner(s)

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Through:- Mr. Ashish Sharma, Advocate

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v/s

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J&K Bank Limited and others ….Respondent(s)

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Through:- Mr. Z.A Shah, Sr. Advocate with Mr. A. Hanan, Advocate

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Coram: HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE

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ORDER

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The petitioners have filed the present petition, praying for the following reliefs :-

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“(i). Allow the present writ petition.

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(ii). Quash impugned notices 08-07-20 issued in violation of the rule position governing the field.

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(iii) Quash the Notification dated 23-05-2019 issued by the respondents.

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(iv) Direct the respondents to allow the petitioners to work in the office of the respondent No. 4 and 5 respectively.

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(V) Direct the respondents not to replace the petitioners with other contractual employees.”

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2 WP(C) No. 1246/2020

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At the very outset, Mr. Z.A. Shah Learned Senior Counsel appearing for respondent bank raised a preliminary objection regarding maintainability of writ petition. He submitted that identical issue has been gone into by Srinagar Bench of this Court in WP(C) No. 1164/2020, titled as Hakeem Aabid Mubarak and others vs. J&K Bank and others, decided on 31.08.2020 .

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He further submitted that the petitioners, alongwith the petitioners who were before Srinagar Bench of this Court in Hakim Aabid Mubarak and others case (supra), jointly filed a civil suit in district courts Srinagar, for the same relief, which is still pending.

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Considering the aforesaid fact, this Court in the aforementioned case, had declined to interfere in the writ petition, filed by the petitioners therein.

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In response, the contention sought to be raised by the learned counsel for the petitioners was that the Court at District Court at Srinagar did not have the jurisdiction. It was under wrong legal advice that they had filed the suit at Srinagar. Any order passed therein would be nullity. Otherwise, filing of civil suit has not been disputed.

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After hearing learned counsel for the parties, in my opinion, the contention raised by Mr. Shah, Learned Senior Advocate appearing for the respondent bank, is meritorious.

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The contention raised by the learned counsel for the petitioners to controvert the same smacks of „forum hunting‟. Once some of plaintiffs in the common civil suit filed alongwith the petitioners, failed to get relief in Civil Court, some of them wanted to try their luck before Srinagar bench of this Court and when caught on the wrong foot, their petition was dismissed. The

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3 WP(C) No. 1246/2020

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petitioners trying to be smart, wanted to try their luck by filing petition before this bench of the Court. Once the issues are common, the petitioners also deserve the same treatment.

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For the detailed reasons recorded in Hakim Aabid Mubarak and

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others case (supra), the present writ petition, is dismissed.

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(RAJESH BINDAL) JUDGE

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CHANDIGARH 11.09.2020 SUNIL-I

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Whether the order is speaking : Yes/No
Whether the order is reportable : Yes/No

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PARAMJEET SINGH 2020.09.15 15:08 I am approving this document

Harvinder Singh and Anr. v. J and K Bank Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Harvinder Singh and Anr. v. J and K Bank Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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