- (1.) An advertisement was issued for the appointment of a Senior Branch Manager in the District Co-operative Bank by the U.P. Co-operative Institutional Service Board, Lucknow on 11 February, 1977. The appellant was directed to join training as a Branch Manager in February and March 1978. The post of the Senior Branch Manager in Group II banks carried a pay scale at the material time of Rs.250-500 while the pay scale of Junior Branch Managers in Group I was Rs.250-650. On 10 March, 1978, the appellant was selected by the Board for the post of Senior Branch Manager. At that stage, the appellant submitted an undertaking on 10 March, 1978 that he was ready and willing to work on the post of Junior Branch Manager in a Group I bank. The appellant joined service in that capacity.
(2.) The appellant filed a writ petition seeking the enforcement of a recommendation made by the Chairman of the bank on 19 January, 1993 and a mandamus for being paid his salary as Senior Branch Manager with effect from January, 1993. The Chairman of the bank, as it appears from the record, had issued a recommendation on 19 January, 1993 to the Secretary of the District Co-operative Bank to the effect that having due regard to the work and conduct of the appellant, it would be appropriate to grant him the salary on the post of Senior Branch Manager but his absorption would be in line with the appointment which had already taken place and that he would not be entitled to any arrears. This issue, as the record would indicate, had engaged the attention of the Institutional Service Board. On 5 June, 1990, the Board had taken a decision that since sanctioned posts were not available, the persons who had been appointed as Junior Branch Managers and had, in pursuance of the selection, accepted their appointments as such, could not be appointed on the post of Senior Branch Manager. Moreover, it appears that on 21 June, 1993, the same view was reiterated by the Additional Registrar (Banking), Co-operative Societies, Lucknow following the decision of the Institutional Service Board dated 5 June 1990. In July, 2009, the Board reiterated its earlier position.
(3.) The learned Single Judge, while holding that the petition could not be entertained, came to the conclusion that the substantive appointment of the appellant was on the post of Junior Branch Manager and he was never appointed on the post of Senior Branch Manager. In the view of the learned Single Judge, the appellant had never challenged his appointment as Junior Branch Manager and it would be too late in the day to permit the appellant to raise any claim regarding his initial appointment since he had worked for more than fifteen years when the petition was filed. In the meantime, the appellant had already superannuated during the pendency of the proceedings.;