- (1.) The petitioner joined the service of the Hooghly District Central Co-operative Bark Ltd. on 12th December, 1970 and the respondents Nos. 6 and 7 Joined the service in the said Bank on 19th December end 22nd December, 1970 respectively. The said respondents, according to the petitioner, are juniors but the respondent No. 6 was promoted as Accountant and thereafter as Branch Manager and respondent No. 7 was placed above the petitioner in the Gradation List. The petitioner joined the Bank as Office Assistant and served in different Branches till 1978 and in January 1979 he was instructed to act as Officiating Accountant in the Tarkeshwar Branch with D. A. at the rate of Rs. 15/-. Thereafter the petitioner was acting as Accountant of Dhaniakhali Branch. Thereafter ho was promoted as full fledged Accountant and also acted as Branch Manager of the said Branch from time to time. The respondent No. 5 issued a letter dated 1st/3rd October, 1985 to the Principal of the Netaji Subhas Co-operative Training College. Kalyani, for admitting the petitioner In the said College for undergoing short term training in Non-Agriculture Advance Course. On the recommendation of the Pay Committee the poet of Accountant was included in Grade-IIA but while the said recommendation the Book grouped the Accountants in Group-IIB did not grant the petitioner the scale enumerated In Grade-III as per the scales revised. On the contrary the petitioner was granted the scale enumerated in Grade-IV causing thereby sustantial monetary loss. The respondent No. 7 who Is junior to the petitioner is now acting as Supervisor His main grievance is the order of transfer dated 15th October, 1985 passed by the Executive Officer of the Hooghly District Central Co operative Bank Ltd., Chinsura, transfer-I ring the petitioner from his present posting as Branch Accountant (Officiating) Dhaniakbali to Champadanga as Officiating Supervisor. According to the petitioner the transferred post at Cbamapadanga is a Junior post and as such the petitioner has been demoted. The petitioner prays for quashing the said order of transfer dated 15th October, 1985.
(2.) By a Supplementary Affidavit the petitioner stated that the present writ application is moved on the strength of the Co-operative Societies Act, 1973. With the promulgation of the West Bengal Co-operative Societies Act, 1983 the Registrar of the Co-operative Societies brought into existence a Board the members of which were nominated by the Registrar. The Board is not an elected Board end is in existence for the last sixteen years. The State Government is a major share-holder of the authorised share capital of the Bank and the Bank is totally managed by the State Government and is under the State control, the inspection is made under Section 35 of the Braking Regulation Act, 1949.
(3.) The respondents Nos. 4 and 5 i.e. the Bank Authorities filed Affidavit-in-Opposition. The Affidavit is affirmed by the Deputy Manager of the Bank and states that the petitioner joined the Bank on 12th December, 1970 as Office Assistant and not as an Assistant and in the appointment letter If was stated that the posts of Office Assistant and Supervisor are interchangeable. From 1st January, 1979 the petitioner was treated as Junior Assistant and the pay was termed as Assistant Grade II The petitioner was declared as Assistant on end from 1st January, 1979 in the scale of Rs. 150-375/- by order dated 28th October, 1978 and the above scale was revised from 1st May, 1982 to Rs. 300-750/. as per B partite Agreement between the Management and the Staff Association and was approved by the Second Industrial Tribunal, Government of West Bengal and was termed as Grade-V. The respondent No. 6 joined the Bank as Office Assistant and from lit January, 1971 his pay scale was Rs. 140-330/- and was designated as Junior Assistant. Both the respondents Nos. 6 and 7 and eight of their staff members appeared in a selection test on 23rd July, 1974 for the post of Branch Accountant and on the basis of the selection test respondent No 6 and three others were qualified end promoted. The respondent No. 6 is now working as Bank Manager and the post of Accountant and Branch Manager are interchangeable. The respondent No. 7 Joined the Bank on 22nd December, 1970 as Supervisor, the bio-data of the employee were collected by the Management and after considering all points the petitioner was placed below the respondent No. 7 and this was duly communicated to the petitioner. The pattern at Dhanlakhali Branch is stated in paragraph 8 of the Affidavit. It is denied that the petitioner was promoted to the substantive post of Accountant or confirmed to any higher post. It is stall by the deponent that the private respondent No. 7 referred to hereinbefore was legitimately placed above the petitionr in the Gradation List and the Bank has not acted illegally or arbitrarily or beyond its Jurisdiction ; and everything was done according to the Rules and Guidelines of the Bank. After the order of transfer dated 15th October, 1985 was issued the Branch of Dhaniakhali Branch also issued release order with effect from afternoon of 17th October, 1985.;