ARJUO SINGH PARIHAR v. COMMERCIAL AND INDUSTRIAL COOPERATIVE BANK LTD. , MORENA
1995-03-13
D.M.DHARMADHIKARI
body1995
DigiLaw.ai
D. M DHARMADHIKARI, J. ( 1 ) THIS Letters Patent Appeal has been preferred against the judgment of learned Single Judge passed in M. P. No. 943 of 1993 decided on 23-8-1994 by a common order in writ petitions Nos. 943 of 1993 and 924 of 1989. ( 2 ) THE matter is of grievance of the appellant for promotion. The learned Single Judge made a direction that the respondent Bank would be at liberty to make promotions in accordance with the rules ignoring the resolution passed by the Bank, vide Annexure R-l in that petition. ( 3 ) IN this appeal the learned Counsel for the appellant submits that the learned Single Judge in Paragraph 5 of his order made an apparent mistake in mentioning that the promotions have to be made on the basis of seniority cum merit because according to the learned Counsel the statutorily rules namely. Nagrik Sahkari Bank Karmchari Seva Niyam, 1974, in its Schedule A under Note (3) provides for promotions to be made on merit cum seniority. ( 4 ) THE appellant had earlier filed a review petition on the same ground before the learned Single Judge and it is reported that the same has been rejected summarily without assigning any reason therefor, ( 5 ) THE learned Counsel appearing for respondent No. 2 in reply submits that the Hindi version of the rules in Note (3), referred to above, provides equal weightage and consideration being given to both merit and seniority. ( 6 ) WE have perused the contents in concerning Note (3) in Hindi. We are unable to agree with the learned Counsel for the appellant that it requires merit to be given more importance than seniority. The rule in hindi gives an impress that it is for the promotion committee to make promotions with due regard of merit and seniority. It is not possible to hold that the rule laid down is either of merit cum seniority or seniority-cum merit. We, therefore, hold that it would be opeu to the promotion committee to consider cases of eligible candidates for promotion with due regard both merit and seniority in accordance with the note contained in Rule (3) to schedule A. ( 7 ) WITH the above clarification the appeal is disposed of. Order accordingly. .