J.S.VERMA, J. - (1.) THIS appeal is against the judgment dated February 5, 1981 by a learned Single Judge of this Court allowing the writ petition of S.K. Sen Gupta claiming seniority over certain respondents and the consequential reliefs including the quashing of circular Ex. 1 -B dated October 12, 1978 issued by the State Bank of Bikaner and Jaipur laying down the eligibility criteria for promotion of Officers Grade -I to 'A' Grade.
(2.) THE petitioner is a direct recruit, who was appointed was Probationary Officer initially in Grade 'C later re -designated as Grade -I in the State Bank of Bikaner and Jaipur by order dated January 21, 1971. He joined the service on April 5, 1971 and was confirmed on April 5, 1973 as an Officer in Grade -I. Subsequent to the petitioner's appointment to a substantive post in Grade I, respondents Nos. 3 to 17 in the writ petition who were junior officers in the Bank were promoted as Officers Grade I on July 15, 1972 and they were also confirmed from the same date i.e. July 15, 1972. In this manner respondents Nos. 3 to 17 were promotees and had been promoted as officers Grade -I after the petitioner had been appointed to a substantive post in the same grade on April 5, 1971, were made senior to the petitioner as Officers Grade -I by giving them an earlier date of confirmation. Subsequently promotions to the vacancies in the higher Grade 'A' of the year 1977 were made in 1978 on the basis of eligib lity criteria laid down in Ex.1 -B dated October 12, 1978 and some of these promotees being treated as senior to the petitioner were promoted, while the petitioner was not so promoted. It is significant that three such promotees, S.K. Agosia, R.L. Sardana and O N. Kapoor who were respondents Nos. 11, 14 and 15 respectively were promoted by waiving one of the conditions of eligibility laid down in Ex. 1 -B. The petitioner' grievance is that in the seniority list published in 1978 the petitioner has been wrongly shown as junior to these promotees who were promoted to Grade -I after his appointment against the substantive post in that cadre and failure to consider him for promotion while giving promotion to such promotees treating them as senior is invalid. It is also urged that the elisibility conditions prescribed in circular Ex. 1 -B are discriminatory and even otherwise the Bank has made a hostile discrimination against the petitioner in application there of.
(3.) THE case of the Bank is that the promotees were treated as senior to the direct recruits because of their long service in the lower ranks in the Bank and it is for this reason that they were confirmed from the very date of their promotion. Fixation of seniority on the basis of date of confirmation is Justified on this basis. It is also urged that the service conditions can be altered unilaterally, since the matter is of status and there is reasonable clssification of the promotees and direct recruits treating longer experience in lower post as valid basis for classification. The showing of petitioner as senior to these promotees in 1977 in the list of officers Grade I was a mere mistake which was corrected later in 1978. Reliance was also placed on the State Bank of Bikaner and Jaipur (Officers) Service Regulations, 1979 which came into force in 1979 to contend that in accordabce there with the prosince the promotees fall in item No. 5 of Schedule. I, while the petitioner came under item No, 6 of Schedule. I to the Regulations read with Regulation these Regulations which placed higher these promotees who had been confirmed with effect from the date of their promotion on July 15, 1972. Reliance was also placed on the direction contained in letters Ex. D. 7 dated April 1, 1965, Ex. D. 9 dated April 28, 1965 issued by the State Bank of India treating them as directions given under Section 24 of the State Bank of India State Bank of Bikaner and Jaipur to passrd on July 26, 1976 Ex. D. 11 was also referred in this connection to urge that the inter seniority of the direct recruits and promotees had bem fixed according to the directions of the State Banl of India which were to this effect of placing promotees over direct recruits which was unavoidable after the Regulations came into force in 1979. A preliminary oblection to the maintainability of the writ petition was also taken;