S.B. Sinha, J. - (1.) This appeal is directed against a judgment and order dated 12th October, 1982 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the appellant herein claiming for the following reliefs : "(A) A declaration that (i) Regulation 28 of the Reserve Bank of India (Staff) Regulations, 1948 is ultra vires the provisions of Articles 14 and 16 of the Constitution of India; (ii) The 'un-notified practice' referred to in Annexure 'M' is ultra vires Regulation 4 of the Reserve Bank of India (Staff) Regulations, 1948; (B) A Writ in the nature of Mandamus commanding the Respondents to confirm the petitioners in the post of Staff Officer, Grade B with effect from 1st April, 1977 and to count the petitioner's seniority in the Grade 'B' post on the basis of length of service and/or to maintain and protect the original seniority of the petitioner viz. Serial No. 773 in the Combined Seniority List in Grade 'B' for the purpose of promotion of the higher post in Grade 'C' and to consider the case of petitioner for promotion to Grade 'C' post on the basis of such seniority; (C) A Writ in the nature of Mandamus commanding the Respondents to grant promotion to your petitioner to Grade 'C' post on the basis of his seniority counted on the basis of length of service and/or original seniority viz. Serial No. 773 in the Combined Seniority List in Grade 'B' and also to fix up the proper seniority of your petitioner in Grade 'C' post and to give to your petitioner all consequential benefits on the basis of such fixation of proper seniority and promotion to Grade 'C'." was dismissed.
(2.) Shortly stated the fact of the matter is as follows : The appellant herein was appointed as Junior Officer Grade-II on the probation which was later on termed as Grade 'A' by the First Respondent herein in terms of an offer of appointment dated 31st December, 1968 inter alia, on the following condition:- "You will not be eligible for confirmation as Junior Officer Grade II unless you have passed at least Part I of the Associate Examination of the Indian or English Institute of Bankers. In the event of your failure to complete Part I of the aforesaid Associate Examination within the probationary period of three years or the extended period of probation (total probationary period not exceeding four years your services are liable to be terminated. You are also required to pass both the parts of the aforesaid examination within a period of five years from the date of your appointment. In the event of your failure to successfully complete part II of the aforesaid examination within the said period of five years, you will not be allowed to draw any further increments in the scale of pay applicable to you until such time you have successfully completed the examination."
(3.) Admittedly within a period of 3 years he passed Part-I of the Associate Examination of the Indian/English Institute of Bankers as a result whereof he was confirmed in his services. However, he failed to pass the Part-II Examination. On or about 29th August (Annexure 'E') the petitioner was informed that as he had not passed the Part-II Examination and the five years period as stipulated therefor in the offer of appointment (supra) was to expire, he was advised to take steps to complete the said examination as early as possible failing which his promotion shall be held over. He, however, did not pass Part-II Examination within the aforementioned period of five years. Despite the same, he was given an officiating promotion on a long term basis in Grade 'B' on or about 5th February, 1974.;