- (1.) HEARD learned Counsel for the petitioner and Shri Lalit Shukla learned Counsel for the respondents.
(2.) WITH the consent of the parties, we proceed to decide the writ petition finally at the admission stage. Perused the record. Petitioner in pursuance of the selection made by Banking Service Recruitment Board, Lucknow was selected for the post of Specialist Officer. Thereafter, the petitioner was appointed and joined on the said post in the head office of the respondent Bank on 1.3.1993. After successful completion of probation period of two years, the petitioner was confirmed on the post of Publicity Officer with effect from 1.3.1995 vide order dated 20.3.1995. Copy of the order has been filed as annexure No. 1 to the writ petition. It is submitted by the petitioner's counsel that the petitioner was promoted to the post of Manager(Publicity) in MMG Scale II as Class II officer by order dated 5.12.2001, while he was posted as Publicity Officer at the regional office, Lucknow. Copy of the promotional order dated 5.12.2001 has been filed as Annexure No. 2 to the writ petition. The next promotion avenue which the petitioner could have been promoted on the post of Senior Manager in the Scale of MMG III, a circular was issued on 12.4.2005 converting the post of Specialist Officer to mainstream whereby it was provided that the specialist officers may be allowed to come to the mainstream of banking after five years of service unless the officers opt in writing to remain in the existing position as Specialist Officer. The option was invited and list of specialist officers who have completed five years of service on 31.3.2005 was annexed alongwith that circular. However, the petitioner was surprised to see that his name was not found in the list, though he had completed twelve years of service as Specialist Officer.
(3.) FEELING aggrieved, the petitioner represented his cause. Petitioner's representation was forwarded by the Chief Manager of the Bank to the opposite party No. 3 for onward transmission to the opposite party No. 2. Since the petitioner was Specialist Officer and not in the mainstream of Banking, his name could not figure in a list of eligible officers for promotion of Officers of MMG Scale II to MMG Scale III. He was further informed that vide Circular dated 4.3.2005 Annexure No. 7 that Bank was in the process of carve out career path of the specialist officers. By another circular dated 2.12.2005, the list of officers who have completed five years service in the Bank were eligible for their promotion to MMG Scale III was circulated. Again, when the petitioner's name was not found in the list, then he represented his cause to the Chief Manager under whom he was working with the request to forward the same alongwith his option letter to the head office. In the absence of any promotional avenue on account of non consideration of his case, the petitioner preferred the present writ petition.;