U.P. POSTAL PRIMARY CO-OPERATIVE BANK LTD. AND ANOTHER v. BANSHI DHAR TIWAWRI AND OTHERS
SPLAD/91/2011 · 2025-08-10
Arun Bhansali, Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45880 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45880 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:135613-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 91 of 2011 Appellant :- U.P. Postal Primary Co-operative Bank Ltd. and another Respondent :- Banshi Dhar Tiwari and others Counsel for Appellant :- Suresh Singh (A.C.S.C.), Rajiv Singh (S.C.), M.C. Chaturvedi Counsel for Respondent :- Prakhar Pandey for Abhishek Mishra, K.N. Mishra Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This appeal is directed against the orders dated 27.09.2010 passed by learned Single Judge in Civil Misc. Writ Petition No. 29946 of 2008, whereby following the judgment in Smt. Archna Singh and others Vs. Joint Registrar Co-operative Societies and others : Writ Petition No. 1719 (S/S) of 2008, decided on 11.02.2010, the writ petition was allowed and the orders dated 25.01.2008 and 29.02.2008 were quashed and it was held that the respondent herein shall be entitled for the consequential benefits as contemplated under law but he shall be entitled to only 50% of the back wages. 2. Counsel for the appellants pointed out that the judgment in the case of Smt. Archna Singh (supra) has been reversed by the Division Bench in U.P. Postal Primary Co-operative Bank Ltd. Vs. Smt. Archana Singh and others : Special Appeal No. 257 of 2010, decided on 11.02.2016 at Lucknow Bench and therefore, the present appeal be also allowed in terms of that order passed by the Division Bench. 3. The Division Bench in the case of Smt. Archana Singh (supra)
by order dated 11.02.2016, inter alia, ordered as under:-
"Accordingly and in view of the above:
1. Writ Petition No. 2969 (M/B) of 2010 is dismissed as infructuous;
2. Writ Petition No. 339 (M/B) of 2010 is dismissed;
3. Writ Petition No. 1892 (M/B) of 2010 is allowed to the extent and in the manner that the impugned order dated 22.01.2010 is set aside and the matter stands restored for reconsideration by the Central Registrar in accordance with law. All the parties in this batch of cases shall stand at notice through their respective counsel to appear before the Central Registrar on 08.03.2016 who shall be expected to take a final decision in the matter at the earliest, preferably within 30 days from the date of first appearance of the parties. 4.
All the Special Appeals in this batch of cases are allowed only to the extent that the impugned orders dated 11.02.2010 and 22.03.2010 are set aside and the respective writ petitions are restored for reconsideration by the learned Single Judge. The parties to the related writ petitions shall also stand at notice through their respective counsel to appear before the learned Single Judge in the first place on
18.04.2016. 5. There shall be no order as to costs of these petitions and appeals."
4. In view of the submissions made, the present Special Appeal also stands allowed in terms of and to the extent the same has been allowed by the Division Bench in Special Appeal No. 257 of 2010 (supra). Order Date :- 11.8.2025 Mukesh Pal/Sharad (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad