- (1.) Aggrieved by the order dated 27.7.2015, passed by the Single Judge, dismissing the writ petition, this special appeal has been preferred.
(2.) The petitioner appellant preferred the writ petition on denial of promotion on the post of Assistant Care Taker. Learned counsel for petitioner appellant submits that petitioner appellant belongs to Scheduled Tribe category and was appointed as Mazdoor in Class IV cadre on 19.5.1980. He was then promoted within Class IV cadre to the post of Sr. Official Attendant and thereafter to the post of Head Office Attendant vide order dated 1.7.2007. He became entitled for promotion to the post of Assistant Care Taker in Class III cadre, however, his candidature has been over looked by the non -appellants since 2011. In the subsequent years also, he was not given promotion despite assurance thus petitioner was left with no option but to approach this court.
(3.) Learned Single Judge has dismissed the writ petition finding punishment against the petitioner appellant in the year 1998. It was in ignorance of the fact that as per settlement between All India Reserve Bank Workers' Federation and the Management of the Reserve Bank of India on 24.10.2005, time bound promotion scheme was revised and, therein, time bound promotions were made subject to suitability with reference to the confidential report, leave and vigilance report. The time bound promotion was given to the appellant in the year 2007 and it was after considering his suitability in reference to entire service record. The petitioner was found suitable for time bound promotion but on the same material, he has been adjudged unsuitable for promotion to Class III cadre. The denial of promotion to the petitioner appellant is mainly in reference to the punishment in the year 1998 and on complaints, which never culminated in the charge sheet and disciplinary action. The judgment of the Apex Court referred by the appellant were also ignored hence while setting aside the judgment, a direction may be given to the non -appellants to consider candidature of the petitioner appellant for promotion to the post of Assistant Care Taker.;