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2025 DAILYLAW 172707 (ALL)

KARAN SINGH v. U.P. SAHKARI GRAM VIKAS BANK LIMITED THRU. MANAGING DIRECTOR LKO. AND 2 OTHERS

WRIA/14314/2025 · 2025-12-11

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14314 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Mr. Akbar Ahmad, advocate, has put in appearance by way of filing vakalatnama on behalf of the respondents and the same is taken on record. Heard Mr. Piyush Asthana, learned counsel for the petitioner, Mr. Akbar Ahmad, learned counsel for the respondents and perused the record. Instant petition has been filed with the following reliefs:- "1. A writ order or direction in the nature of Mandamus Commanding the opposite parties to sanction and make the payment of the service benefit of Ist A.C.P. w.e.f. 01.06.2014 the date from which the of same benefit was given to his Juniors, without any delay. II. Any other writ, order or direction which this Hon'ble Court deem fit in the interest of justice may kindly be passed. III. Award the cost of the case." The contention of learned counsel for the petitioner is that the petitioner alongwith other 4 employees of the bank, instituted a Writ A No. 9158 of 2024, wherein, the order dated 04.10.2024 is passed, which is extracted as under:- "Heard learned counsel for petitioners while power on behalf of opposite parties has been filed by Mr. Gaurav Mehrotra Advocate, which is taken on record. Petition has been filed seeking a direction to concerned authority for grant of benefits of Ist Assured Career Promotion Scheme w.e.f. 2001, the IInd A.C.P. w.e.f. 2007 and Versus Counsel for Petitioner(s) : Piyush Asthana Counsel for Respondent(s) : Vinod Kumar Singh Karan Singh .....Petitioner(s) U.P. Sahkari Gram Vikas Bank Limited Thru. Managing Director Lko. And 2 Others .....Respondent(s) IIIrd A.C.P. w.e.f. 2015 alongwith interest. Petitioners are also seeking consideration for promotion of the post of Field Officer w.e.f. 29.05.2022 from the date when juniors were promoted on the said post. Since consideration of petitioner's grievance would entail factual aspects, liberty is granted to petitioner to file a fresh individual representations for separate causes of action before the opposite party no. 3 i.e. Managing Director, Uttar Pradesh Sahkari Gram Vikas Bank Limited, Lucknow or any other competent authority which shall be considered and decided expeditiously, preferably within a period of three months from the date a certified copy of this order is produced before the concerned authority. With aforesaid directions, petition stands disposed of." Referring the aforesaid, he submitted that in-compliance of the order above, he to moved representation on 19.02.2025 before the Managing Director of the respondent-bank, who took decision on 26.06.2025, wherein, it is categorically stated that the petitioner is entitled for Ist ACP. He added that the identically situated Junior Employees of the Bank, have been granted the benefit of Ist ACP and the petitioner is being deprived of with the either pretext and particularly the reasons that the Bank is running in loss. He submits that this issue has already been settled in the case of Writ-A No.6271 of 2025, Satya Prakash Mishra and others Vs. U.P. Jal Nigam (Urban) through Managing Director and others and submitted that the financial crunch cannot be taken ground for denial of the benefit for which the employee is entitled. He further added that interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the competent authorities to take a fresh decision regarding the benefit of payment of Ist ACP with effect from 01.06.2014 as the same is undisputed, as is apparent vide order dated 26.06.2025. He submitted that it is un-understandable that once the respondent authorities have reaches to the conclusion that the petitioner is entitled for Ist ACP and that too has been granted to the identically situated Junior employees of the Bank, why the same is being declined to be paid to the petitioner. Learned counsel appearing for the respondents submits that the Bank is in financial hardship, therefore, the Bank is trying to make payment of dues of the employees in seriatim. In view of the above, the respondent no.1/Managing Director, U.P. Sahkari Gram Vikas Bank Ltd., to take a fresh decision regarding the payment of Ist ACP to the petitioner as he himself has admitted in the order dated WRIA No. 14314 of 2025 2 26.06.2025 for payment of arrears of Ist ACP from 01.06.2014, within period of six weeks from the date, a certified copy of this order is produced before him. This Court has also taken note of contention of counsel for respondents-bank that the dues will be paid in seriatim, the same also goes against the contention of counsel for the petitioner that the Junior to the petitioner have already been paid the benefit of Ist ACP and he has been singled out, not to be paid the said benefit. With the aforesaid observations, the writ petition is disposed of. December 11, 2025 Mayank WRIA No. 14314 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench