IN THE HON’BLE SUPREME COURT OF INDIA

CIVIL APPELLANT JURISDICTION

I.A. NO. _________ OF 2022

SPECIAL LEAVE PETITION (CIVIL) NO. 9096 OF 2019

WITH SLP (C) 32554 OF 2018

Avtar Bhushan Bhartiye Petitioner

VERSUS

Allahbad Bank and Ors Respondent

AN APPLICATION ON BEHALF OF THE PETITIONER

SEEKING MODIFICATION/URGENT DIRECTION IN
JUDGMENT/ORDER DATED 22.04.2022 PASSED BY THIS
HON’BLE COURT IN THE CAPTION PETITION

TO
The Hon’ble Chief Justice of India
And his companion justices of the
Hon’ble Supreme Court of India,

The humble petition of the Petitioner

above named

MOST RESPECTFULLY SHOWETH

1. The captioned Special Leave Petition by the petitioner was filed

against the impugned judgment and final order dated 01/10/2018
passed by the Hon’ble High Court of Judicature at Allahabad at
Lucknow Bench in Writ Petition no. 1403(S/B) of 2013
whereby though the Hon’ble High Court allowed the writ
petition of the petitioner by holding the order of dismissal
against the petitioner as invalid/wrongful dismissal however
while holding so, the High Court erred in not granting full back
wages and only 50 % back wages was awarded to the petitioner.
The judgment/order dated 01/10/2018 in so far as the grant of
 only 50 % of total back wages was challenged by the petitioner.
Even the Respondent Allahabad Bank had also challenged the
same impugned judgment dated 01/10/2018, by way of the
separate appeal being SLP(C) No. 32554 of 2018.
2. Both the Special Leave Petitions were heard together on
25/08/2021 and judgment order dated 22/04/2022 was passed by
this Hon’ble Court in the caption Petition. That by way of the
judgment dated 22/04/2022, this Hon’ble Court had dismissed
both the SLPs i.e filed by the Petitioner and Respondent and the
order of the High Court dated 01/10/2018 was affirmed. The
Petitioner had argued before this Hon’ble Court for grant of full
back wages which was declined by way of of judgment dated
22/04/2022. At the same time, dismissal of bank’s appeal
relegated them to the original directions passed by the High
Court on 1/10/2018. It may not be out of context to mention
herein that the Petitioner had also respectfully placed his
submission before this Hon’ble Court to the extent of grant of
consequential benefits which he would had been entitled had he
not be dismissed illegally from the services apart from back
wages. The original judgment dated 1/10/2018 passed by the
High Court which has been now affirmed by this Hon’ble Court
in its concluding para on page no. 27 had clearly directed that
the Petitioner will be entitled to “all consequential benefits
including the post retirement benefit to which he would have
been entitle had he not be dismissed from service of the bank.”
The judgment of the High Court had clearly specified that “the
consequential benefits arising out of this judgment and order
shall be made available to the petitioner within a period of 2
months from the date certified copy of this order is furnished to
the competent authority”.
Further, the High Court has also directed the Respondent bank to
pay a cost of Rs. 50,000 to the petitioner within a period of 1
month. Since this Hon’ble Court has affirmed the judgment of
the High Court, hence it is clear that the Petitioner is entitle for
all the consequential benefits as well as the payment of cost is
concerned.
3. That the judgment of this Hon’ble Court was passed on
22/04/2022 however it is been more that 2 months and the
petitioner is yet to receive his retrial and consequential benefits
in line with the Judgment of the High Court upheld by this
Hon’ble Court. Also no interest whatsoever had been paid under
retrial benefit/dues. The petitioner respectfully submits before
this Hon’ble Court that the judgment dated 22/04/2022 may be
clarified and important direction be given to such an extent.
4. That after the judgment dated 22/04/2022 passed by this
Hon’ble Court, the petitioner has also sent a representation dated
11th May, 2022 to the Bank Employer and even after the
representation dated 11th May 2022, no action has been taken.
Though the Respondent bank during the pendency of the caption
petition i.e after the order dated 03/01/2019 passed by this
Hon’ble Court had paid retrial benefits but not in compliance
with order of this Hon’ble Court and of the High Court.
Petitioner in his representation submitted that though he had
been paid gratuity, leave encashment, arrears of pension along
with PF however no interest whatsoever had been paid on the
delayed retrial dues. Furthermore, at the cost of Writ Petition it
is once again stated that the order of the High Court had clearly
specified that Petitioner will be entitle to all consequential
benefits along with 50% of back wages including the post
retirement benefits to which he would had been entitled had he
not been dismissed form the service of the bank however, the
Respondent Bank has calculated his length of service only as 15
years and has not consider the full length of service. No interest
has been paid on the gratuity amount as per the Payment of
Gratuity Act, further illegal deductions have been made from the
provident fund which is once again not in line with the High
Court judgment dated 01/10/2018 confirmed by this Hon’ble
Court in 22/04/2022. No interest has been paid on the leave
enchasment and the basic pay for consideration of leave
enchasment has also been taken on the lower side.
Given the fact and circumstances of the case, the judgment
order dated 01/10/2018 confirmed by this Hon’ble court must be
complied by the respondent bank in all fairness. Following the
 judgment of this Hon’ble Court dated 22/04/2022 whereby the
appeal of the bank has been dismissed the petitioner is entitled
for all the allowances and benefits. Therefore, petitioner is
praying for a direction from this Hon’ble Court that such
benefits shall be released to petitioner immediately in
compliance with the judgments passed in the present matter. The
copy of representation dated 11.05.2022 marked to the
Respondent Bank is annexed as ANNEXURE P/1.
5. That having failed to hear from them, the petitioner once again
sent a reminder representation dated 17/06/2022. The copy of
reminder representation dated 17/06/2022 is annexed as
ANNEXURE P/2. The petitioner has been forced to litigate for
more than 30 years and the the judgment of the High Court was
critical of Bank’s conduct. That apart from holding the
termination of Petitioner as illegal, the High Court had
depreciated the way Bank had conducted the entire proceedings.
The High Court had clearly indicated the maliciousness on part
of the bank in targeting the Petitioner and for that reason only,
the cost of Rs 50,000 was also awarded to the Petitioner. Now
even after the dismissal of bank’s appeal, there is complete non
compliance on part of the Respondent bank. The petitioner most
respectfully submits before this Hon’ble Court that at the time of
submission on 25th August 2021 the petitioner had made a
prayer for direction from this Hon’ble Court regarding all these
issues. Though no separate direction or clarification is required
with regard to compliance of judgment order dated 01/10/2018
as this Hon’ble Court has already affirmed the said judgment
however in the given facts and circumstances of the case, the
Petitioner will be grateful to this Hon’ble Court if this may also
be clarified that post passage of judgment order dated
22/04/2022 of this Hon’ble Court, the bank was required to
release all the benefits within a period of 2 months and since
they have failed to do so, it must be done within a minimum
stipulated period.
6. That, after the Judgment dated 22/04/2022 of this Hon’ble Court
compliance should have been done within 2 months or before
that but since there is no direction regarding that by this Hon’ble
 Court, the bank is resorting to dill delaying tactics and is not
releasing any benefits as such which he is entitled for. It is most
respectfully submitted that a word of clarification by this
Hon’ble Court will ensure that the petitioner is not once again
forced to litigate for his retrial benefits which he is otherwise
entitled for as per the law and as per the judgments dated
22/04/2022 by this Hon’ble Court and judgment dated
01/10/2018 passed by the High Court.
7. The present application is bonafide and in the interest of justice.
That urgent direction has been prayed under present application
hence application is required to be heard at the earliest.
PRAYER

In the view of the above stated facts and circumstances, it is most

respectfully prayed that this Hon’ble Court may be pleased to-

A. Modify the judgment/order dated 22.04.2022 passed by this

Hon’ble court in SLP (C) NO. 9096 OF 2019 to the extent that
all the retrial benefits as directed by the High Court in judgment
dated 22/10/2018 be released to the Petitioner within the earliest
possible period.
B. Pass any such order which this Hon’ble Court may deems fit in
the present facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, YOUR HUMBLE

PETITIONER, AS IN DUTY BOUND, SHALL EVER PRAY

DRAFTED BY & FILED BY: RAHUL SHYMA BHANDARI

ADVOCATE-ON-RECORD

FOR THE PETITIONER

DRAFTED ON : 18.07.2022

FILED ON 30.07.2022

NEW DELHI