R K Pathak
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We give below two emails received by us from Mr R K Pathak, from Pune, who has been relentlessly following the cause of resignees. He has informed that he was present in Supreme Court when the SLP was dismissed.
1st Email :
As expected, Vijaya Bank Advocate filed too Interim Application on 05/12/2013 to divert the attention of other issues. For filing IA at Delhi, Mr. S K Hegde ( Dy.GM of Vijaya Bank) was in Delhi & on today also in the Court.
The main issue involved before the Bench Justice Sundhashu Jyoti Mukhopadhyay & Justice Gopal Gauwda was " Whether Second SLP is maintainable when first SLP withdrawn without liberty to file fresh SLP if VB doesnot get relief in the review before the High Court."
Our case was listed at Sr.no.43 & finally Senior Counsel argued for allowing second SLP but court was reluctant.
Advocate also tried to raise the issue of Canara Bank Vs Prabhakar Case but court was not ready to Judicial procedure & advised Advocate to follow the existing Law & judgement given by justice Deepak Mishra & Radhakrishnan dated 3/10/2012, which categorically denied granting leave to second SLP when first was withdrawn without liberty to file fresh SLP in SC.
Advocate also said that petitioners have PF & Gratuity earlier , but Judges asked " have you given Pension" & then advocate surrendered & SLP was dismissed.
This is Part ONE in Delhi, Part TWO started in Banglore KHC.
The Chairman, Executive Director & GM's appeared in KHC & gave letter that they will give pension to Petitioner Resigneeswithin SIX WEEK.
Detail order will be mailed once it is available.
Thanks to all those who have helped me in Delhi, Specfically Mr. Lakshminaraynan & P Kudesiya.
I am also grateful to those who have contributed to Support Vijaya Bank Resignee Group.
I am also grateful to members who refrained from calling me at Delhi today.
CAUTION :- This judgement, VIJAYA BANK is making applicable to only 22 Resignee.
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2nd Email :
Finally Vijaya Bank Chairman, Mr. Upendra Kamat along with his TEAM appears before the KHC to submit his / Banks intentions to pay Pensions to the Petitioner Resignees withing 4/6 weeks time. Copy enclosed.
For the first time to the Banking History, Chairman of the PSB is made to appear before the court only because of contempt petition filed by the Resignees.
In the enclosed letter submitted in the Court, reference of following date is must:-
1) KHC Single Judge Allows pension to Resignees on 18/04/2012 by quashing clause 7 of Vijaya Bank Circular date 07/09/2010 disallowing pension to Resignees.
2) Vijaya Bank Appeal dismissed by Division Bench on 30/07/2012.
3) Vijaya Bank files SLP in SC on 20/08/2012 but doesnot make SINCERE Efforts for listing & admission.
4) On 07/12/2012, Hon.justice Mukhopadhyay & Justice Swatantra Kumar hears argument of Advocate on Record & doesnot grant leave to the petition as prima-facie donot find merit in the case. Sensing fear of DISMISSAL, advocate on record request for withdrawal of Petition with libert to go in REVIEW before HC. NO REQUEST WAS MADE ON 07/12/2012 TO FILE FRESH SLP IF THEY DONOT GET RELIEF IN LOWER COURT. SC disposes SLP as withdrawn to file review.
5) Vijaya Bank resignees files Contempt Petition.
6) On 25/10/2013 KHC dismiss the Review Petition.
7) Resignee Files before Caveat20/11/2013 in Supreme Court anticipating Move of Vijaya Bank to file SLP.
8) Vijaya Bank files SLP on 20/11/2013 with hope to get it admitted on 21/11/2013 with interim prayer for contempt petition which is scheduled on
9) Surprised to see caveat & could not succeed & request KHC to give time & KHC grants time till 06/12/2013.
10) Master mind team of Vijaya Bank serves Notice of Petition of advocate o Respondents ( resignees) on 25/11/2013.
11) Case gets listed on .
12) Mastermind changes it to 02/12/2012 by adding it to supplementary list i.e.29/11/2013.
13) On 02/12/2013, the matter is listed before Justice Mukhopadhyay & Justice Gauwda at Sr.No.57.
14) Justice Mukhopadhyay was also on Board on 07/12/2012, dismissed First SLP of Vijaya Bank.
15) Vijaya Bank Senior counsel argues strongly for admission but senior counsel for respondent (Resignees) Senior Advocate Sushil Kumar Jain ( The one who
argued the case of ShilKumar Jain Vs New India Insurance Company) & stated that SLP is not maintainable in view of the Decision of Hon justice Deepak Mishra & Justice Radhakrishnan dated 03/10/2012.
16) Entire seen changed & Vijaya Bank was put to defence. Advocate sought adjournment till , but understanding ill motive ( Corem of Bench get changed in January) of putting the case before New judges, Court gran dates for 06/12/2013.
17) Dy. GM of Vijaya Bank ( Mr. S K Hegde ) moves to Delhi & on 5th December 2013 files application wherein on oath states " on 02/12/2012, the counsel for the Respondent , who was on caveat , has pointed out to the Hon'ble Bench that the present SLP filed by the Petitioner is not maintainable, as the law has been settled now that any SLP filed after withdrawing the earlier SLP without seeking permission to file SLP is not maintainable by virtue of the judgement reported in 2012(12) SC 378 titled Vinod Kapoor Vs State of Goa, which was delivered on 03/10/2012. At the time of withdrawing the SLP on 07/10/2012, Petitioner was not aware about the said technicality".
18) Finally Bench Dismissed the SLP on 06/12/2012 by allowing law point open on the issue.
19( There after Bank Executive at Banglore moved to KHC & gave letter to KHC as attached.
Here important point is that Judgement declared by Court become law of land under Article 141 of the Constitution of India & IGNORANCE OF LAW " as pleaded by Vijaya Bank Dy.G.M. is not considered by the BENCH & SLP Dismissed.
I have basic question always will in my mind is " when Vijaya Bank DGM, qualified Executive, who has at his disposal Team of Lawyer & Legal Department of the can plead " Ignorance of Law " just on Mr.K Karriappa , a Peon respondent in the case understands the difference between Resignation & Voluntary Retirement & when IBA admits that Awards staff doesnot have VRS scheme.
May god Save Vijaya Bank.
Thanks & Regards