R.K. Agrawal, J. - (1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Rakesh Khare, seeks the following reliefs:. "(a) issue a writ order or direction in the nature of mandamus commanding the respondents to award one priority mark for 3 years (Part time) Post Graduate Diploma in Business Administration from Allahabad University for computing priority list for the purpose of promotion and officiation and amend the seniority list as published vide letter dated 7.8.97 and also prepare seniority list of subsequent years awarding one priority mark for the aforesaid degree. (b) issue any other suitable writ order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (c) allow the writ petition with costs."
(2.) Briefly stated the facts giving rise to the present writ petition are as follows:According to the petitioner he was appointed as Cashier/Clerk on 16.11.1976 in the then New Bank of India Ltd., a schedule bank, which was later on in the year 1980 nationalized and was re-named as New Bank of India. He was promoted on the post of Head Cashier on 2ndAugust, 1989. The Government of India vide notification dated 4thSeptember, 1993 amalgmated New Bank of India with Punjab National Bank and all the employees of the New Bank of India by. virtue of amalgamation became employees of Punjab National Bank. The Government of India vide another notification dated 8thDecember, 1993 decided the matter of re-deployment/seniority criteria for eligibility for selection to the post of supervisor as also for the selection to the post of next cadre i.e. Junior Management Scale Grade-I. It provided that only half of the services rendered in the erstwhile New Bank of India shall be counted while deciding the eligibility criteria for promotion only. After the amalgamation of the New Bank of India with the Punjab National Bank, the Punjab National Bank vide letter dated 4thSeptember, 1993 called upon the petitioner to notify his willingness to continue with the Punjab National Bank to which the petitioner submitted his reply vide letter dated 7thJanuary, 1994. In the said letter he gave the details of his educational qualification along with supporting documents. According to the petitioner, he was not given proper placement in the seniority list and as he was being deprived of promotional chances, he submitted a representation vide letter dated 10th February, 1994 to the Manager, Punjab National Bank, Vivekanand Marg Branch, Allahabad giving his educational qualifications and other particulars requesting the Bank to give him proper placement in the seniority list. When no action was taken, the petitioner sent on 17.5.1997 another representation to the Regional Manager, Punjab National Bank, Regional Office, Varanasi for inclusion of his name in the seniority list. It is stated by the petitioner that a settlement dated 1.11.1988 regarding procedure and policy concerning posting of clerks as special assistants and other related matters was arrived at between the employees and the management which was subsequently modified vide settlement dated 30thJanuary, 1997. The Regional Office, Punjab National Bank, Varanasi published the seniority list of the clerical cadre of its employees working in the Allahabad City on 7thAugust, 1997 wherein the name of the petitioner finds place at serial No. 86-A. Not satisfied with his placement, the petitioner made another representation on 17thFebruary, 1998 to the Regional Manager, Punjab National Bank, Regional Office, Varanasi stating that his priority marks have been incorrectly stated as 15 when according to the criteria laid down, he is entitled for 16 priority marks as on 1.1.1997. The Regional Office of the Punjab National Bank, Varanasi vide letter dated 16thMay, 1998 had informed the petitioner that he is not entitled for any priority marks for Post Graduate Diploma in Business Administration done by him from the University of Allahabad because the said qualification is recognized for the purposes of recruitment to a supervisory post and services under the Government of India only whereupon the petitioner submitted another representation on 22ndMay, 1998 to the Chairman, Punjab National Bank, New Delhi. In the said representation the petitioner has also enclosed copies of the Government Orders dated 11.2.1970 and 30thJune, 1969 as also photostat copy of Post Graduate Diploma in Business Administration granted by the University of Allahabad. A copy was also endorsed to the Government of India, Ministry of Human Resources Development, New Delhi. The Government of India, Ministry of Human Resources Development, New Delhi on 18thAugust, 1998 informed the petitioner that the diplomas and degrees awarded by the University of Allahabad are automatically recognized and further advised him to contact the Association of Indian Universities, New Delhi. Pursuant to the information given by the Government of India, Ministry of Human Resources Development, New Delhi, as contained in its letter dated 18thAugust, 1998, the petitioner sent a representation to the Association of Indian Universities, New Delhi to take up the matter with the Punjab National Bank, New Delhi so as to ensure awarding of priority marks for the Post Graduate Diploma in Business Administration in view of the Government Orders referred to above. The Association of Indian Universities, New Delhi vide letter dated 16thSeptember, 1998 had intimated the petitioner that three years (Part-time) Post Graduate Diploma in Business Administration from the University of Allahabad has been recognized by the Government of India as equivalent to the Master Degree in Business Administration for the purposes of the employment as notified vide Office Memorandum dated 11.2.1970.
(3.) In the counter affidavit affirmed by Satish Kumar Sharma and filed on behalf of the respondents, it has been stated that the petitioner's placement as Clerk-cum-Cashier has been in accordance with the scheme of amalgamation which scheme has also been upheld by the Apex Court and his name has correctly been placed at serial No. 86-A in the seniority list in accordance with the allotment of priority marks for the purposes of preparation of seniority list and the claim of one additional priority mark for the qualification of Post Graduate Diploma in Business Administration from the University of Allahabad is not acceptable as priority marks for educational and other qualifications have been specifically provided in para 3-B of the Circular letter dated 6thFebruary, 1997 and the settlement. It has also been claimed that the Government notification dated 11thFebruary, 1970 has no application for the purpose of preparation of seniority list of Cadre -III employees i.e. clerical cadre of the Punjab National Bank. Even if the Central Government has recognized three years Post Graduate Diploma in Business Administration from the University of Allahabad as equal to the Master Degree for the purposes of the recruitment to the superior posts and services in the Central Government for which Master Degree in Management or equivalent Diploma from recognized University/Institutions is prescribed as qualification, it has no application, whatsoever, for preparation of seniority list of the employees of the Punjab National Bank in the clerk-cum-cashier cadre and, therefore, the petitioner is not entitled for the benefit of the said notification. According to the respondents, as the petitioner does not hold Post Graduate Degree in Business Administration, he is not entitled for additional priority marks.;