DARSHAN SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The Petitioner, working as Senior Clerk in the Amritsar Central Cooperative Bank, Amritsar his approached this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus to direct the Respondents to fix his seniority as Senior Clerk in accordance with the circular dated 19.3.1981 (Annexure P-3) and to grant him all the consequential benefits.

(2.) The brief facts are that the petitioner, who is a member of the Scheduled Caste category, joined the Respondent-Bank as a peon on 24.6.1970; he was further promoted as Supervisor vide an order dated 11.5.1973; the Registrar, Cooperative Societies, Punjab, namely, Respondent No.2, merged the cadre of Supervisors into that of Clerks subject, however, to the condition that the Supervisors must fulfil the qualifications prescribed for the post of Clerk as the Petitioner possessed the requisite qualifications, lie was merged into the cadre of Clerks with effect from 11.5.1973, i.e. the date on which he was promoted as Supervisor, the decision of the Registrar, Co-operative Societies, Punjab, regarding merger of the two cadres, dated 19.3.1981 has been placed on record as Annexure P-3 the Petitioner was further promoted as a Senior Clerk with effect from 12.4.1986. The grievance of the Petitioner, however, is that despite the merger of the post of Supervisor into the cadre of Clerks, he has not been given the benefit of his past service as Supervisor and thus, the consequential benefits which were to flow as a result thereof pursuant to the circular dated 19.3.1981 (Annexure P-3), have not been granted to him. The claim of the petitioner has been contested by the Respondent-Bank stating that the seniority of the petitioner as Senior Clerk has been fixed correctly.

(3.) I have heard Shri Rameshwar Sharma, learned Counsel for the petitioner and Shri K.K. Goel, learned Additional Advocate General, Punjab for Respondents No.1 and 2.