Vineet Kothari, J. - (1.) THE present writ petition has been filed by the petitioner with the following prayers: - It is, therefore, most humbly and respectfully prayed by the petitioner before your Lordships that; this writ petition filed by the petitioner, may kindly be allowed with costs and; (a). By an appropriate writ, order or direction, in the nature thereof the impugned order dated 09.02.2008 Annex. 8 under which the petitioner was given promotion with notional benefits, may kindly be interfered and consequently the Respondent Bank, may kindly be directed to enlarge all the consequential service benefits to petitioner, including monetary benefits with interest, on his promotion to the post of Officer Scale -II w.e.f. 26.02.2009 in compliance of decision given by this Hon'ble High Court in S.B. Civil Writ Petition No. 1759/2004, decided on 16.11.2006. (b). By an appropriate writ, order or direction in the nature thereof, the respondent Bank, may kindly be directed to correctly fix the pay scale of petitioner at par with those 16 Officer Scale -II, who were earlier given promotion under impugned order dated 16.08.2003 (Annexure -5) and respondent Bank may very kindly be directed to remove pay anomaly, existing in pay scale of petitioner and his juniors referred above. (c). Suitable cost and compensation may kindly be awarded to the petitioner against the respondent Bank, for dragging the petitioner in long round of litigation, without his any fault. (d). Any other order or direction which the Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioner.
(2.) THE petitioner was given promotion in pursuance of the order of learned Single Judge while deciding the earlier writ petition filed by the petitioner being SBCWP No. 1759/2004 - Bhanu Prakash Sharma Vs. The Marwar Gramin Bank & Ors. vide the order dated 16.11.2006. The aforesaid order dated 16.11.2006 is quoted herein below for ready reference: - The controversy involved in the instant petition for writ is no more res integra in view of the Division Bench's judgment of this Court in the case of Sharafat Ali Vs. Marwar Gramin Bank & Ors. (D.B. Civil Special Appeal No. 709/1995), decided on 21.9.2004. The Division Bench of this Court in that matter held that where the criteria for promotion is seniority -cum -merit, then the term "merit" means that there should be minimum necessary merit required for efficiency of administration. The Division Bench's judgment dated 21.9.2004 has also acquired finality as Special Leave Petition preferred by the Bank giving challenge to it has already been dismissed by Hon'ble Supreme Court in Special Leave to Appeal (Civil) No. 1123/2005 on 8.5.2006. In view of it, this petition for writ is allowed in terms of the judgment in the case of Sharafat Ali Vs. Marwar Gramin Bank (supra). The respondents are directed to consider candidature of the petitioner for promotion accordingly. In pursuance of the order dated 16.11.2006 deciding his earlier writ petition, the petitioner was promoted from the post of Officer Grade -I to the post of Officer Grade -II and vide the orders (Annex. 7) dated 22.06.2007 and (Annex. 8) dated 09.02.2008. The contempt petition (Contempt Petition No. 154/2007) was filed by the petitioner and during pendency of the contempt petition, the aforesaid promotion orders were passed and ultimately the contempt petition was dismissed by this Court on 18.02.2008. The present writ petition has been filed for claiming monetary benefits as also against the notional benefits.
(3.) AGAINST the order learned Single Judge, the matter was taken up to the Division Bench and the Division Bench of this Court in the case of M.K. Goyal Vs. The M.G.B. Gramin Bank & Ors. (DBCWP No. 7624/2009) decided on 04th July, 2012 specifically held in the operative Clause (3) that "In the event of grant of promotion, the promoted employees will be entitled to claim seniority and all other benefits except monetary claim of salary payment for the period in question. In other words, award of consequential benefits after the grant of promotion would not include award of monetary claim of salary for the period in question.";