- (1.) Heard Shri S.K. Kakkar and Shri Sumit Kakkar, learned counsel for the appellants-respondents and Shri S.D. Kautilya for the respondent-petitioner.
(2.) Chairman Allahabad U.P. Gramin Bank Head Office at Banda (Earlier Chairman Vindhyavasini Gramin Bank) and Board of Directors/ Appellate Authority through Chairman Allahabad have preferred instant special appeal under Chapter VIII Rule 5 of the Rules of the Court assailing the validity of the judgment and order dated 25.4.2017 passed by learned Single Judge in Writ Petition No.44219 of 1992 (Anil Kumar Kesarwani v. Chairman Allahabad U.P. Gramin Bank and another), whereby learned Single Judge has proceeded to allow the writ petition by quashing the orders dated 23rd January 1991 as well as appellate order dated 19th July, 1991 and directed for ensuring backwages and all other consequential benefits except salary for the period of absence.
(3.) The record in question reflects that the petitioner was initially inducted as Clerk-cum-Cashier in Vindhyavasini Gramin Bank (in short "the bank"). The bank in question is a rural bank, which has been established under Section 3 of the Regional Rural Bank Act, 1976 (Act No.21 of 1976) (in short "the Act") and the Allahabad Bank is the sponsored bank. It is relevant to indicate that prior to passing of the said Act Hon'ble the President of India had promulgated Regional Rural Bank Ordinance 1975 (Ordinance No.13 of 1975) for the incorporation of regulation and establishing of the regional rural bank with a view to develop the rural economy by providing for the development of agricultural trade, commerce, industry and other productive activities in the rural areas and created other facilities. The bank is a rural bank as defined in Section 2 (f) of the Act and the Allahabad Bank is the sponsoring bank as defined in Section 2 (g) of the Act. It has also been stated that the respondent bank is an autonomous body and has been created under the Act and has got the instrumentality of State. The Board of Directors of the bank exercising their power under Section 30 of the Act with the previous sanction of the Central Government and as per the provisions contained under Section 17 of the Act framed Regulations, which is applicable to all the officers and employees of the bank and the same is known as 'Vindhyavasini Gramin Bank Service Regulation, 1984' (in short "the Regulation").;