CHAIRMAN AND MANAGING DIRECTOR PUNJAB NATIONAL BANK Vs. RAJENDRA NATH CHAWLA
LAWS(SC)-1996-1-63
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on January 31,1996

CHAIRMAN AND MANAGING DIRECTOR,PUNJAB NATIONAL BANK Appellant
VERSUS
RAJENDRA NATH CHAWLA Respondents

JUDGEMENT

K. Ramaswamy, J. - (1.) Leave granted.
(2.) This appeal by special leave arises from the order of the Delhi High Court dated March 31, 1995 in Writ Petition No. 5199 of 1993. On September 29, 1989, the appellant had issued a Circular letter No. 43/89 stating that in accordance with the instructions of the Government, the Bank had decided to permit the officer, who were otherwise eligible for consideration for promotion but could not complete the rural branch experience for no fault of theirs, to be considered for promotion to Middle Management Grade Scale II (for short, 'M.M.G. Scale-II') subject to the following conditions: "(a) The promoted officers would be straightway posted to rural branches for requisite number of years and under no circumstances would be allowed to shift to other areas before completion of their tenure of rural posting. The concerned officers have already furnished the written undertaking to this effect at the time of the interview. (b) The officers, who refuse posting in rural branches, as mentioned in (a) above, shall be debarred for consideration for promotion for a period of two years from the date they become eligible, after fulfilling the promotion criteria, including necessary rural branch service. (c) In case of any reason, the promotee officer has to leave the rural branch prior to completion of the tenure, he shall be reverted to Junior Management Grade Scale-I".
(3.) On January 9, 1990, the respondent was informed of the approval for his promotion to M.M.G. Scale-II and that he was allocated Punjab Zone subject to the conditions mentioned hereinbefore. He was also informed that in case he would refuse posting in rural branch, he shall be debarred for consideration for promotion for a period of 2 years from the date he becomes eligible after fulfilling the promotion criteria including necessary rural branch experience. The respondent, by his letter dated January 13, 1990, did not accept rural branch posting in Punjab Zone upon promotion. By letter dated January 13-15,1990, the respondent was informed of the bar in terms of the promotion policy and guidelines and that since he had refused to accept the promotion vide his letter dated January 13, 1990 for promotion to M.M.G. Scale-II in terms of the promotion policy, he was debarred for consideration for promotion for a period of 2 years from the date he becomes eligible after fulfilling the promotion criteria including necessary rural branch experience.;


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