R.R.K.Trivedt., J. - (1.) In this petition, counter and rejoinder affidavits have been exchanged, and both the learned counsel are agreed that the petition may be decided finally at this stage.
(2.) The facts giving rise to this petition are that Petitioner was appointed as peon-cum-guard on 1.6.1972 in the District Co-operative Bank Allahabad (hereinafter referred to as Bank) and he is working since then. It is claimed that a seniority list of permanent Class IV employees was prepared in the year 1981 and his name was mentioned in this list at Serial No. 39 in which it is shown that he has only passed Class VIII. However, in 1987 the petitioner appeared as a private candidate and has passed High School Examination from the Board of High School and Intermediate Education in IInd Division. In Class III posts of the Bank some vacancies occurred and the Bank authorities are going to fill up the same. Petitioner on 8 8.1987 made an application for being promoted as Class III employee. However, no attention has been paid to the request of the applicant. Thereafter a representation also filed on 29.10.1991. However, on 20.2 1992 petitioner has been informed that the qualification for Class III post is Intermediate and as the petitioner is only High School, his claim for promotion to Class III post cannot be accepted. It has also been said in the order that the judgment of this Court dated 3.4.1991 in Civil Misc. Writ Petition No. 32701 of 1990 Ved Prakash Sharma v. Uttar Pradesh Co-operative Institutional Service Board, is applicable only to the facts of that case and the petitioner cannot be given benefit of the same about which guidance has been obtained from the Registrar of .the Co-operative Societies. Aggrieved by this communication dated 20.2.1992. Annexure-3 to the writ petition, petitioner has approached this Court under Article 226 of the Constitution for a direction to the respondents to promote petitioner as grade 3 employee with effect from 1.8.1987.
(3.) The claim of the petitioner hat been resisted by the respondent Bank by filing a counter-affidavit.;