S.S. Sodhi, J. - (1.) IN essence and substance the controversy here is with regard to the inter se seniority of the four Petitioners and Shri J.D. Ratra. Respondent No. 2, for promotion to the post of Chief Cashier in the Officer's grade of the Central Bank of India, Chandigarh A dispute to this effect having arisen, it was referred to the Central Government Industrial Tribunal for adjudication. The Tribunal by its award of April 29, 1976 (Annexure P -7) held in favour of Shri J.D. Ratra -respondent No. 2 and directed the Management to promote him to the post of Chief Cashier in the Officer's grade with effect from August 1, 1971, in preference to the Petitioners. It is this award which stands challenged in this writ petition.
(2.) IN order to appreciate the controversy raised, it would be relevant to bear in mind that the Petitioners were appointed as Cashiers in the bank on February 28, 1949 while Shri J.D. Ratra Respondent No. 2 was appointed on November 28, 1960. Shri Ratra was, however, appointed as Head Cashier before the Petitioners. He was appointed as such on July 29, 1961. It was sometime thereafter that the Petitioners were appointed as Head Cashiers. On July 1, 1966 the Petitioners as also Shri Ratra were appointed Head Cashiers in category 'C On March 1, 1968 the Petitioners were appointed Head Cashiers in category 'E' while Shri Ratra Respondent No. 2 was appointed as such on May 1, 1969. On August 1, 1971 the Petitioners were appointed as Chief Cashiers in the Officer's grade. The grievance of Shri J.D. Ratra was that he being senior to them should have been appointed earlier. Before proceeding further, it deserves mention that there was one running grade for the Clerical Banking Staff for all the post of Assistant Cashier to Head Cashier. In other words, an Assistant Cashier even on appointment as Head Cashier continued in the same scale of pay as that of Assistant Cashier except that he was given a special allowance of Rs. 40/ - per mensem on appointment as Head Cashier.
(3.) ACCORDING to the return filed on behalf of the Respondent -bank, when Shri J.D. Ratra was appointed as Head Cashier there was no promotion policy in terms of which he was appointed as Head Cashier, nor was there any categorisation in the post of Head Cashier. The promotion policy came to be formulated by the bipartite settlement of June 30, 1973. This policy, in so far as is relevant here, was set out in paragraph 14 thereof, which is in the following terms: 14. Promotion to the posts of Chief Cashiers in Bank's Officer cadre. Promotions to the Chief Cashiers posts in the Bank's Officer Cadre from amongst the existing employees of the Cash Department staff who have completed six years service reckoned from the date of probation will ordinarily be made on the basis of the groupwise seniority with weightage for accompanying qualifications as prescribed under Clause 2 of this policy provided, however, the seniormost existing Head Cashiers in Clerical cadre drawing special allowance in terms of Bipartite Settlement will have a first claim in order of their own seniority to the posts of Chief Cashiers notwithstanding the fact that there may be other Cash clerks senior to them. These posts of Chief Cashiers will be filled in after interview by Interviewing Committee, consisting of three Senior Officers. Maximum age limit for promotion to Chief Cashiers in Officer Cadre will be 56 years of age. The settlement of January 30, 1970, was later modified by the subsequent settlement of March 24, 1972. Clause (6) thereof is relevant here. This reads as under: 6. These Head Cashiers posts will be filled up on the basis of groupwise seniority as on 1 -8 -1971 of the existing Head Cashiers in category 'E' and 'C in respective groups.;