Research › Browse › Judgment

Rajasthan High Court · body

1992 DIGILAW 122 (RAJ)

Bhagwan Dass Nagpal v. The Ganganagar Kendriya Sahakari Bank Ltd.

1992-01-31

B.R.ARORA

body1992
JUDGMENT 1. 1. The petitioner, by this writ petition, has challenged the seniority list dated September 14, 1985 and September 25, 1985, Annexure-9 and Annexure-10. 2. The petitioner joined the service with the Ganganagar Kendriya Sahkari Bank Limited, Sri Ganganagar, as a clerk and was promoted as Branch Manager on adhoc basis on 25.8.70. He was later on confirmed on this post with effect from 6.1.73. The provisional seniority list of the various employees of the Ganganagar Central Cooperative Bank limited, Sri Ganganagar, was issued by the General Manager on October 9,1978, and the objections were invited. The petitioner, in this seniority list, was placed at serial No.7. Various employees of the bank filed the representations against the provisional seniority list. After considering the various representations, received by the Bank, a final seniority list was published on April 25, 1979, and in that seniority list, the petitioner's name was shown at serial number 6. Dissatisfied with the final seniority list, the petitioner made an appeal before the Managing Director because at the relevant time, there was no elected Board of Directors of the Bank. This appeal, filed by the petitioner, was allowed; the final seniority list dated April 25, 1979, was set-aside and a provisional seniority list was again issued on March 18, 1985, and the objections to this provisional seniority list were, also, invited. In that provisional seniority list, the name of the petitioner was shown at serial number 2. Several representations were received by the bank which were considered and a final seniority list was published on July 15, 1985, and in that final seniority list, the name of the petitioner was shown at serial number 2. That list became final and no notice whatsoever was given to the petitioner. The petitioner, later on, came to know that dissatisfied with the final seniority list dated July 15, 1985, certain employees of the bank preferred an appeal before the Board of Directors and the Board of Directors constituted a Committee and reconsidered the matter and published a seniority list on September 14, 1985, reversing the earlier final seniority list dated July 15, 1985, and in this seniority list the petitioner's name was shown at serial number 3 instead of serial number 2. In pursuance to this final seniority list, a further order was issued on September 25, 1985, in which it was observed that on the basis of the recommendations of the Departmental Promotion Committee, the persons mentioned in that seniority list were granted selection grade. The petitioner has challenged the final seniority list dated September 14, 1985, and the proceedings of the Departmental Promotion Committee, on the ground that before cancelling or reversing the final seniority list dated July 15, 1985, no notice of the opportunity of hearing was given to the petitioner and the final seniority list dated July 15, 1985, has been cancelled, which adversely affects the rights of the petitioners. It is also the case of the petitioner that the criteria laid down for determining the seniority as per Annexure. I has not been followed which has adversely affected the rights of the petitioner. 3. It is not in dispute that no notice before cancelling the final seniority list dated July 15, 1985, was given to the petitioner. It is also not in dispute that the petitioner's seniority has been changed. In the seniority list dated July 15, 1985, his name stood at serial number 2 in the order of seniority while in the final seniority list dated September 14, 1985, and September 24, 1985, his name has been shown at serial number 3. When the rights of a party are affected then principle of natural justice requires that he should be given an opportunity of hearing. The right to be heard is a valuable right of the petitioner, which cannot be denied particularly in the circumstances when an order has been passed which adversely affects the rights of the petitioner. In the present case, an appeal was filed by the affected persons before the Board of Directors against the final seniority list dated July 15, 1985. No notice of this appeal was given to the petitioner and he was not heard and the final seniority list has been changed which has adversely affected the rights of the petitioner. Even it was not known to the petitioner that a Departmental Promotion Committee has been appointed to consider the case of the seniority of the various employees of the bank. Even it was not known to the petitioner that a Departmental Promotion Committee has been appointed to consider the case of the seniority of the various employees of the bank. If this would have been known to the petitioner then the petitioner would have certainly made his representation and his grievance could have been considered by the Departmental Promotion Committee as well as by the Board of Directors. As that has not been done and the order has been passed adversely affecting the rights of the petitioner and, therefore, the final seniority lists dated September 14,1985 and September 25,1985, deserve to be quashed and set-aside. 4. Consequently, the writ petition, filed by the petitioner, is allowed. The final seniority lists dated September 14, 1985, and September 25, 1985, prepared by the respondents, placing the petitioner at serial numbers 3 and 4 are quashed. The respondents, if they so like, may decide the appeal, filed by the affected parties, after giving notice to the petitioner and may pass an appropriate order.Petition allowed. *******