- (1.) By means of this writ petition, the petitioner sought the following reliefs: "(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 05.12.2009 passed by Secretary/General Manager, Moradabad Zila Sahkari Bank Limited Moradabad contained in Annexure No.1 to the writ petition. (II) Issue a further writ, order or direction in the nature of mandamus commanding the opposite parties no.3 to 6 to consider the petitioner for promotion from the date when his junior opposite party no.7 has been promoted. (III) Issue a further writ, order or direction in the nature of certiorari to struck down the Regulation 27(iii) of U.P. Co-operative Societies Employees Services Regulation, 1975 by declaring the same ultra-vires. (IV) Issue any other writ, order or direction which may deem fit and proper in the circumstances of the case."
(2.) By the impugned order dated 05.12.2009 (Annexure-1 to the writ petition), the promotion of opposite party nos. 7, 8 and 9 from Class-II to Class-I in Moradabad District Co-operative Bank Limited (hereinafter referred to as 'Bank') has been made. The petitioner was not impaneled in the list of selected candidates for promotion and aggrieved by the same, he challenged the procedure of promotion in terms of Regulation 27(iii) of U.P. Co-operative Societies Employees' Service Regulations, 1975 (hereafter referred to as 'the Regulations')
(3.) The facts which are not in dispute between the parties are that petitioner and opposite parties no.7, 8 and 9 are serving in the Bank on Class-II posts. The gradation list of employees of Bank has been annexed with Annexure-2 to the writ petition. In this list, the petitioner has been shown at serial no.33, opposite party no.8 at serial no.12, opposite party no.9 at serial no.20 and the opposite party no.7 at serial no.35. As such, the opposite parties no.8 and 9 are senior to the petitioner but the opposite party no.7 is junior. The opposite parties no.8 and 9 were promoted in the light of the Regulations 27(iii). The amended Regulations 27(iii) is reproduced hereinbelow: "27. Sources of recruitment- (i) ..... (ii) ...... (iii) An employee of a Co-operative Society shall not be eligible for promotion on the next higher grade or category unless he has put in continuous service for a minimum period of three years in the post held by him. Promotion to the post under a co-operative society whether from Category II to Category I or within the various grades of Category I, shall be made on the principle of merit. For the evaluation of merit, character roll pertaining to preceding ten years, shall be considered, wherein 3 marks for excellent, 2 marks for very good and 1 mark for good shall be given for each annual character roll entry; and for bad remarks and adverse entry 3 negative marks shall be awarded and only those employees who have thus obtained minimum 18 marks or more shall be considered for promotion, in accordance with their seniority and reservation to the extent of vacant posts meant for promotion: Provided that promotion in categories other than Category I or within different grades of Category I shall be done on the principle of seniority subject to the rejection of the unfit: Provided further that under the provision of para (i), the employees in Category IV shall be considered for promotion in Category III only, if they have passed intermediate examination of the Board of High School and Intermediate Education or any other examination recognized by the State Government as equivalent thereto.";