- (1.) The petitioner while working with the respondent-State Bank of Patiala as manager 'B' ciass was placed under suspension on 29,8.1961 as a departmental enquiry was contemplated against him. After the departmental enquiry, the petitioner was reverted to the post of Clerk vide order dated 24.6.1959. This order or reversion was challenged by the petitioner by way of a civil suit in the Court of Sub Judge Ist Class. Patiala for declaration that the said order was illegal, ultra vires, unconstitutional, null and void and that the petitioner continued to be in service of the Bank as Manager 'B' class with all consequential benefits. Learned Sub Judge vide judgment dated 18.11.1968 decreed the suit of the petitioner holding the order of reversion to be invalid. The First appeal, Second Appeal and the L.P.A. filed by the Bank against the judgment and decree of the trial Court were dismissed and the judgment of the trial Court was upheld. Consequently/on 27.2.1971 the petitioner was restored to the position as Manager 'B' grade w.e.f. 24.6.1993, the position the petitioner enjoyed before the order of reversion was passed. He was also paid the arrears of his salary etc, Thereafter the petitioner retired from the service of the Bank on 5.6.1971 on attaining the age of 58 years.
(2.) Since according to the petitioner, a part of the decree of the trial Court regarding consequential benefits like promotion to the higher ranks from the date his juniors had been promoted, had not been implemented, Petitioner filed a civil writ petition (No. 1701 of 1977) in this Court for directing the respondent-Bank to consider the case of the petitioner for promotion to the higher ranks w.e.f. the dates his juniors were promoted. The petition was allowed by the learned Single Judge of this Court on 13.9.1983 and the respondent Bank was directed to consider the case of the petitioner for promotion after 29.8.1961 (the date on which petitioner was put under suspension w.e.f. the date of his juniors were promoted with consequential benefits. In pursuance of the abovesaid judgment, the Bank considered the case of the petitioner and passed the following order on 15,2.1984, relevant portion of which reads, as under:- "Resolved that Shri Balbir Singh, Ex-Officer of the Bank is entitled to promotion to the ertswhile 'B' Grade only with effect from the 1st November, 1965 and he be paid salary and allowances etc. after making his fitmem in the said grades/scales applicable from time to time. Further resolved thai Shri Balbir Singh was not considered entitled for promotion to erst-while 'A Grade on merits." Pursuant to the aforesaid orders, a sum of Rs. 1254/- detailed in below is payable to you for which a Bank draft No. 532536, dated 14.2.1984 is enclosed in full and final satisfaction from 1.11.1965 to 10.10.1971". The petitioner has impugned the abovesaid decision of the Bank in the present writ petition.
(3.) Learned counsel for the petitioner submitted that the case of the petitioner had not been properly considered with retrospective effect for promotion to the higher rank as persons with inferior record were promoted who were admittedly junior to the petitioner and the petitioner had been ignored for promotion arbitrarily. Further, the petitioner's counsel argued that at the time of his demotion on 24.6.1963, the petitioner was working as Manager 'B' Grade and infact he was also restored the same position after the suit was decreed and he was reinstated as Manager 'B' Grade, however, the Bank had illegally treated the petitioner as Manager 'C Grade with effect from the date he was demoted and considered his case for promotion to Manager 'B' Grade though, he already held that rank on the date of his demotion.;