V.K. Shukla, J. - (1.) PRESENT writ petition has been filed by the petitioner for declaring Regulation 13 (3) of Chapter III of Aligarh Gramin Bank (Staff) Service Regulations, 1981 as invalid and further for issuing a writ in the nature of certiorari for quashing of the memo dated 13.07.1991 and the seniority list dated 31.12.1990 and 08.03.1990, in so far as they relate to the petitioner and respondent Nos. 4 to 7, and also for according consequential benefits.
(2.) BRIEF background of the case as mentioned in the writ petition, is that the petitioner had been performing and discharging duties as clerk -cum -cashier at Pilkhana Branch of Aligarh Gramin Bank. Petitioner has contended that a general seniority list was published under the signature of respondent No. 2 on 01.01.1986 with covering memo dated 30.07.1986, wherein, petitioner was placed in the seniority list of Senior Clerk -cum - Cashier at serial No. 26 above respondent Nos. 4 to 7, who were placed at serial Nos. 27 to 30 respectively. Petitioner has stated that the said seniority list was drawn up in accordance with Aligarh Gramin Bank (Staff) Service Regulations, 1981. However, on 31.12.1989 list was revised and the petitioner was placed below respondent Nos. 4 to 7 at serial No. 16 in the seniority list of Senior Clerk -cum - Cashier. The petitioner objected to the said seniority list, and thereafter another seniority list was published on 08.03.1990, then again petitioner objected to. Petitioner has stated that no decision was taken then memo dated 12.06.1990 was sent and petitioner again sent letter dated 28.07.1990. Petitioner has stated that he kept on representing the matter but nothing was done and totally on illegal criteria seniority has been determined, and then present writ petition has been filed. Counter affidavit has been filed on behalf of Bank and therein it has been stated that terms and conditions of service of the officers and employees of the Bank in question are governed by the Aligarh Gramin Bank (Staff) Service Regulations, 1981, and the action has been taken strictly as per Regulations 8, 9 and 13 of the said Regulations. Regulations 8, 9 and 13, which deal with probation, confirmation and seniority, are excerpted below: 8. (1) Every officer on his appointment in a post in the Bank shall be on probation for a period of two years which shall be extendable up to a period not exceeding one year. (2) Every employee on his appointment in a post in the Bank shall be on probation for a period of one year which shall be extendable up to a period not exceeding six months. (3) Where during the period of probation including the period of extension of probation, if any, the appointing authority is of the opinion that the officer or employee is not fit for confirmation in the said post: (a) In the case of direct appointee, the services may be terminated by one month's notice or payment of one month's emoluments in lieu thereof; and (b) In the case of promotee from the Bank's service, he may be reverted to the grade or cadre from which he was promoted. 9. An officer or employee shall be confirmed in the service of the Bank, if in the opinion of the appointing authority the officer or employee has satisfactorily completed his probation. 13 (1) (a) Seniority of an officer of employee of the Bank in a grade or scale shall be reckoned with reference to the date of his appointment in that grade or scale; (b) Where there are two or more officers of the same length of service in that grade or scale shall be reckoned with reference to their seniority in the immediately preceding grade or scale or the previous cadre to which they belong in the Bank's service; (c) Where there are two or more officers of the same length of service of such grade or scale or such previous cadre, their seniority shall be determined with reference to their seniority in the immediately preceding grade or cadre, as the case may be; (2) The interse seniority of officers or employees directly recruited in a batch to any grade or scale shall be reckoned with reference to rank allotted to them at the time of such recruitment. (3) In the case of an officer or employee whose probation has been extended, his seniority shall be reckoned just below all the officers of employees, if any, recruited or promoted in the same batch along with him.
(3.) IT has been stated that the action, which has been taken, is strictly in accordance with law and further rational behind Regulation 13 (2) of the Regulations referred to above arose out of the very nature of the probation which, needless to add, does not bestow any right of confirmation and confirmation can only be claimed, if in the opinion of the authority, the officer or the employee has satisfactorily completed specified period of service. Seniority list in the present case has been prepared having regard to the Notification issued by NABARD dated 09.12.1986, and it was issued on 01.01.1988, and the petitioner never filed any objection to the said seniority list. On representation of the same, it has been stated that subsequent seniority list contains some placement of the petitioner with effect from 01.01.1988, and same has attained finality.;