MALIK JAVID IQBAL Vs. ELLAQAUI DEHATI BANK
LAWS(J&K)-1999-12-13
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 31,1999

Malik Javid Iqbal Appellant
VERSUS
Ellaqaui Dehati Bank Respondents

JUDGEMENT

- (1.) THE petitioner holds the post of a Branch Manager in Ellaquai Dehati Bank on substantive basis. He came to be adjusted against the post of Manager, Planning and Development vide order no. 61 dated 9.9.1994. He has been transferred from the said post which order has been impugned by him in a civil suit. Through this petition he is seeking regularisation on the post of Manager, Planning and Development from August, 1994. He seeks a writ for release of charge allowance as well.
(2.) THE petition is admitted to hearing on the consensus of the parties. The objections filed to the admissibility of the writ petition are adopted as counter by respondents 1 and 2. Same are adopted by Mr. RA Jan as well as his counter who represents the respondents 3 to 6. The pleadings are complete and I proceed to dispose of the matter finally.
(3.) THE petitioner has been adjusted against the post of Manager Planning and Development vide order no. 61 dated 9 -9 -1994 which is projected by the petitioner as an order of assignment of higher responsibilities not on the basis of Rules but on the strength of an organizational chart of 1986 reflected in the 8th Annual Report of 1986 which shows the post of Manager Planning and Development equal to that of senior Manager. The Reports is no way helpful to the petitioner because it can neither supplement the Rules nor can it acquire a statutory force. That apart the stand taken by the respondents depicts that the very hierarchy of the bank stands revamped in consequence to the decision of the Board of Directors dated 17 -2 -1993 which has the effect of reducing the post of Manager Planning and Development to the level and status of Branch Manager. The board has also created and identified four posts of the Bank as Senior Managers in MMGS -II cadre namely Manager Advances, Manager Personnel, Manager Accounts, Manager Inspection and Audit. It is appropriate to notice that the adjustment of the petitioner against the post of Manager Planning and Development has been made on 9 -9 -1994 when the said post had -already been down graded status -wise and grade -wise bringing it at par with the post of Branch Manager and was no more a senior position. He cannot therefore claim regularisation against a senior Managers post because it was a senior post at some point of time. Such claim being untenable in law warrants rejection. It is next contended by LC for the respondents that seniority wise the petitioner figures at S. No. 40 and if the post of Manager Planning and Development would have been a higher post, yet the petitioner could not lay his claim for the said post because promotion to the post of Area Manager/ Senior/Manager is permissible under rules on the basis of seniority cum merit.;


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