DINESH CH.ROY Vs. CHAIRMAN, BALASORE GRAMYA BANK

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner for a writ in the nature of mandamus directing the opposite party No.1 to give seniority in the post of Senior Clerk -cum -Cashier form July 1984 and to give promotion accordingly to the post of Field Supervisor form 28.4.1989 with all consequential benefits.

(2.) THE brief facts of the case are that the petitioner was initially appointed as Junior Clerk -cum -Cashier on 16.1.1982. Thereafter he was confirmed in the said post with effect form 16.1.1983. A departmental enquiry was conducted against the petitioner in the year 1984 and during pendency of the departmental enquiry, the case of promotion of Junior Clerk -cum -Cashier to the post of Senior Clerk -cum -Cashier was considered by the Departmental Promotion Committee. The criterion for such promotion was seniority cum merit, but the case of the petitioner was not considered because of the reason that a departmental enquiry is pending against him. In the year 1987 a policy was laid by the Bank to the effect that in the case where departmental enquiry is pending, the procedure of sealed cover is to be adopted in promotion and thereafter the petitioner was called for interview in the year 1987 for selection to the post of senior Clerk -cum -Cashier in short Sr. C.C. The interview was held on 28.8.1987 and the result of the Departmental Promotion Committee was kept in sealed cover. In the year 1988 the petitioner was exonerated and accordingly the Departmental proceeding against him had come to an end, the sealed cover was opened and he was given notional promotion with effect form 28.9.1987. In the order of promotion it was mentioned that if he accepts his promotion he may sign one copy of the order. The petitioner accepted the same and signed accordingly. Further, the petitioners case was considered for further promotion, but as he was kept junior to the persons promoted as Sr. C.C. of the year 1984 he could not be given further promotion. He made representation/appeal, which was rejected by the Chairman opposite party No.1 vide order dated 17.8.1991, which is quoted below :

(3.) IN view of the aforesaid facts and circumstances we have no hesitation to hold that after the exoneration of the petitioner form the charges levelled against him he was entitled to be considered for promotion with effect form the date of promotion of his immediate juniors i.e., opposite parties 2 and 3 to the post of Senior Clerk -cum -Cashier and the opp.party No.1 has violated the provisions of Articles 14 and 16 of the Constitution of India in denying the consideration of his promotion with effect form the date of promotion to his juniors. Further, on the basis of his seniority as Senior Clerk -cum -Cashier the petitioner was also entitled to be considered for further promotion to the post of Supervisor where the criterion of promotion is the same as in the case of Senior Clerk -cum -Cashier i.e. seniority cum merit.