MALIK JAVID IQBAL Vs. ELLAQAUI DEHATI BANK
HIGH COURT OF JAMMU AND KASHMIR
Malik Javid Iqbal
Ellaqaui Dehati Bank
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(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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