SARVESH KUMAR AGARWAL Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1991-4-142
HIGH COURT OF ALLAHABAD
Decided on April 06,1991

Sarvesh Kumar Agarwal Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

M.P. Singh, J. - (1.) THE petitioner was appointed as a Junior Clerk -cum -Cashier in the Kshetria Kisan Gramin Bank, Mainpuri. He was confirmed on 15 -3 -1984 as a Junior Clerk. He has come out with a case that on 24 -9 -1985 he was promoted as Branch Manager. But no order of promotion has been filed along with the writ petition. So in the absence of any specific order this Court is not in a position to ascertain the correct position but one thing is clear that under the Notification of Government of India pertaining to Rules of 1988, a copy of which has been filed as Annexure '3' to the petition, no such promotion could have been made. The hierarchy has been given in the said Notification, which is as follows: - (i) Junior -clerk -cum -cashier or Clerk -cum -Typist or Stenographer or Stenotypist. (ii) Senior Clerk -cum -Cashiers. (iii) Field Supervisors. (iv) Officers, equivalent to Branch Manager.
(2.) THE petitioner was working as a Junior Clerk -cum -Typist and was promoted as a Branch Manager only on stop gap arrangement to meet the extra load of work. The petitioner's claim that he should be promoted as an officer is not tenable. The source of recruitment of officers is mentioned in Rule 6(a) of the said Notification as (i) Fifty percent by direct recruitment from open market and (ii) Fifty percent by promotion from amongst confirmed field supervisors on the principle of seniority cum merit.
(3.) THE learned counsel for the petitioner has contended that since the petitioner has been allowed to work as Branch Manager, he became entitled to be confirmed as an Officer under the Rules. This submission is misconceived and is liable to be rejected. Since the petitioner has not been promoted as an Officer there is no question of his confirmation. Under rules a Junior clerk cannot be promoted directly as Officer. I find no merit in this petition and it is accordingly dismissed.;


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