NARENDRA KUMAR JAIN,J. - (1.) Petitioner filed the present writ petition under Article 226 of the Constitution of India with the following prayers - "(i) issue an appropriate writ, order or direction in the nature thereof quashing the seniority list dated 22.8.89 (Ann.8) and restoring the seniority list position which was available to the petitioner prior to that; (ii) any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case, may kindly be passed; (iii) costs of the petition may kindly be awarded in favour of the petitioner."
(2.) Facts, in brief, necessary for disposal of the writ petition as pleaded therein, are that the petitioner applied to the respondent-Bank for the post of Lower Division Clerk (for short, 'L.D.C.'). Vide letter dated 25th January, 1983 (Annexure-1) the respondent-Bank informed the petitioner that a waiting-list (panel) has been prepared on the basis of written-examination and interview, which will remain in force up-to 21st January, 1984, and name of petitioner is mentioned at Serial No.1 of Part-2 of the said list. The respondent-Bank, vide its letter dated 2nd February, 1983 (Annexure-2), giving reference to its earlier letter dated 25.1.1983, appointed the petitioner on the post of L.D.C. In Para No.8 of the letter dated 2.2.1983 (Annexure-2) it was informed to the petitioner that a training will start from 10th February, 1983, therefore, he should submit his joining-report in the Head Office positively by 9th February, 1983. The petitioner gave his consent letter dated 4th February, 1983, to join the post of L.D.C. and to attend training programme of the Bank from 10th February, 1983. The petitioner appeared before the respondent-Bank on 9th February, 1983, and produced all original certificates for Division and the original certificate and mark-sheet of the Higher Secondary Class with Division was made available by the petitioner to the respondent-Bank, but the respondent-Bank called the petitioner to submit the original mark-sheet of B.Com. (Final Year), which was not available with the petitioner at that time as he had submitted the same in the University with the form filled-in by him to appear in M.Com. (Previous Year) Examination, therefore, he sought some time from the respondent-Bank for production thereof. The respondent-Bank, vide its letter dated 15 February, 1983, informed the petitioner of extension of joining-period by one week and it was clarified that in case on this account any seniority is affected then the petitioner will be responsible for it. Thereafter the petitioner attended the training and continued in the service of the respondent-Bank and performed his duties. The respondent- Bank issued provisional seniority-lists dated 28June, 1984 (Annexure-4), 11.9.1989 (Annexure-5), 12.5.1987 (Annexure-6) and 15.7.1989 (Annexure-7), showing his name at Serial Nos.76, 61, 23 and 23, respectively. The petitioner pleaded that in all the above referred seniority-lists, the persons, namely, Sarva Shri (1) Ashok Kumar Mathur, (2) Suresh Kumar Sharma, (3) Shiv Prasad, (4) Ravi Prakash Mathur and (5) Rajendra Singh Shekhawat, were consistently shown junior to him. The petitioner also pleaded that all of a sudden the respondent-Bank issued seniority-list dated 22.8.89 (Annexure-8) wherein name of petitioner has been placed at Serial No.35 in place of Serial No.23 as shown in earlier seniority-lists, and the aforesaid five persons, who were junior to him, have been shown senior to the petitioner. Thereafter, the petitioner made a representation dated 11.9.1989 (Annexure-9), but the same has not been disposed of in spite of his repeated requests. The respondent-Bank has given promotions to persons junior to the petitioner on the basis of seniority-list dated 22.8.89 (Annexure-8).
(3.) The respondent-Bank, in its reply to the writ petition, pleaded that the petitioner was asked to present himself in the Head Office on 9th February, 1983, as training was to start from 10th February, 1983. The petitioner filed an application on 9th February, 1983, praying for extension of time to file his original mark-sheet of B.Com. (Final Year) and therein it was also mentioned by him that the Bank reserves its right to determine his seniority. The request of the petitioner was accepted and one week's time was allowed to the petitioner to join the post, with a further condition that in case on this account his seniority is affected then he himself will be responsible for it. It was also pleaded that petitioner joined his post later than the so-called junior persons. The seniority list (Annexure-9) has been prepared on the basis of date of joining/length-of-service. An objection has also been taken by the respondent-Bank that so-called junior persons to the petitioner are necessary parties but they have not been impleaded as party to the writ petition, therefore, the writ petition is liable to be dismissed on this ground also.;