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2011 DIGILAW 1099 (JHR)

Rup Lal Das v. Giridih Kshetriya Gramin Bank

2011-12-13

D.N.PATEL

body2011
JUDGMENT Per D.N.Patel, J: 1. Counsel for the petitioners submitted that initially petitioners were called for the interview for the promotion from the post of clerical grade cadre to the officers grade-J.M.G.-1 which is known as Junior Manager Grade-1. Interview letters were also issued , but ultimately the same was canceled . Again the interview was held on 12.12.2005 and petitioners were not issued any interview letters. Therefore, the present writ petition has been preferred. Moreover, there is also a prayer to the effect that the result of the interview dated 12.12.2005 may not be published. 2. Counsel for the petitioners submitted that petitioners are entitled for the promotion from the post of clerical grade to the officers grade-J.M.G.-1. Petitioners have all the necessary qualification and eligibility for the said promotion. Initially petitioners were issued interview letters, but the same was postponed. Again the interview was conducted on 12.12.2005 and for no reasons interview letters were not issued to the petitioners . Juniors to the petitioners have been promoted and therefore, petitioners ought to have been invited for giving interview for the officers grade-J.M.G. Scale-1 and the result of the interview dated 12.12.2005 deserved to be quashed and set aside. 3. Counsel for the Bank ( respondent no. 1 to 3) has submitted that interview result has already been published by now. Interview was conducted on 12.12.2005, therefore there is no question of grant of such prayer at this belated stage. It is further submitted that it is stated in para 5 that clarification were received for the 13 points roster and therefore the interviews were held on 12.12.2005 by canceling the earlier interview date. Petitioners are belonging to reserve category and there was no seat for the reserved category quota. This aspect has been detailed in para 5 and 6 of the counter affidavit filed by the Respondent no. 1 to 3. It is also submitted that the persons who have been promoted are senior to the petitioners. The seniority list is annexure-d to the counter affidavit filed by the respondent no. 1 to 3 and there is no rejoinder to the counter affidavit filed by the petitioners nor the seniority list is under challenge by the petitioners. Therefore, writ petition deserves to be dismissed. 4. The seniority list is annexure-d to the counter affidavit filed by the respondent no. 1 to 3 and there is no rejoinder to the counter affidavit filed by the petitioners nor the seniority list is under challenge by the petitioners. Therefore, writ petition deserves to be dismissed. 4. It appears that the private respondents have also filed their counter affidavit and looking into the para 8,9 and 10 of their counter affidavit it appears that further guidelines were issued in the form of clarification on the roster points and thereafter, interviews were postponed and re-conducted on 12.12.2005. Petitioners were not called for the interview because there was no seat for the reserved category quota for the promotional post. Moreover, the result of the interview was also published long before dated 21.12.2005. 5. Having heard the learned counsel for the parties and looking into the facts and circumstance of the case, I see no reason to entertain this writ petition for the reason that petitioners were initially issued interview letters for the consideration of promotion for the post of officers grade-J.M.G. Scale-1. It appears from para 5 and 6 of the counter affidavit filed by the respondent no.1 to 3 that clarification was received from the respondent-bank on 13 points roster. Para 5 and 6 of the counter affidavit filed by the respondent no. 1 to 3 is as under:- “ 5. That this deponent states and submits that interview letter was issued to Sri Ruplal Das and Sri Niranjan Rajak under the reservation policy, but after receiving clarification that 13 point roster as per Annexure-IV in DOPT OM No.306/2/2/96 ESTT (Res) dated 2.7.1997 will be application in the promotion from Clerk to officer Scale I and that no reservation seat was available for the 3 posts of Officer Scale-1, hence the concerned authority have issued interview letter to 6 senior clerks of General category as per the seniority list. As interview was held on 12.12.2005 accordingly promotion order was issued and it was given effect to on and from 21.12.2005. A xerox copy of the guiding star dated 10th Aug, 2005, th Dec,1997 and 2nd July, 1997 are annexed herewith marked as Annexure-A,B & C respectively forming part of the counter affidavit. 6. As interview was held on 12.12.2005 accordingly promotion order was issued and it was given effect to on and from 21.12.2005. A xerox copy of the guiding star dated 10th Aug, 2005, th Dec,1997 and 2nd July, 1997 are annexed herewith marked as Annexure-A,B & C respectively forming part of the counter affidavit. 6. That so far the points of Law formulated in the writ petition it is stated and submitted as follows:- I) the promotion process was carried on as per norms/ guidelines of NABARDS/ Govt. of India. II) The petitioners are junior to all candidates who have been called for interview on 12.12.2005. III) As per the 13 point roster and the seniority list of the Bank, petitioners are not entitled to appear in the interview. IV) As per the 13 point roster and the seniority list of the Bank, petitioner s are not entitled to appear in the interview. V) The respondents no. 4,5,6,7 are seniors to the petitioners which is evident from the existing seniority list of the clerks. VI) All the actions of the reservations are legal, proper, valid and in accordance with the norms / guidelines as such there is nothing to be interfered into. 6. These two paragraphs are reported with annexure-1 to the aforesaid counter affidavit filed by the respondent no. 1 to 3. In view of the clarification the interview letters were issued to six senior candidates of the general category as per the seniority list . It appears from the seniority list , annexure-d , that petitioners are junior to the persons ( respondent no. 4 to 9 ) who have been promoted. As per annexure-d to the counter affidavit the guidelines which are issued are issued on the basis of NABARDS / Govt. of India as per 13 point roster and according to the seniority list petitioners are not entitled to appear in the interview. There was no reservation for the promotional post. Petitioners are belonging to reserved category candidates. 7. It further appears from the fact of the case that the result of the interview has already been published and necessary promotional orders have been issued on 21.12.2005 . Therefore, there is no question of now passing order for withholding the final result of the interview taken on 12.12.2005 . 8. In view of these facts, there is no substance in this writ petition. Therefore, there is no question of now passing order for withholding the final result of the interview taken on 12.12.2005 . 8. In view of these facts, there is no substance in this writ petition. Nonetheless , I hereby direct the respondent-bank to consider the case of the present petitioners in accordance with law and their policies for the promotion, if they are not promoted so far in the post of Officer grade-J.M.G. Scale-1. 9. In view of the above observations, this writ petition is disposed of.