JUDGEMENT
PER D.N.PATEL,J -
(1.) COUNSEL for the petitioners submitted that initially petitioners were called for the interview for the promotion from the post of clerical grade cadre to the officers grade -J.M.G. -1 which is known as Junior Manager Grade -1. Interview letters were also issued , but ultimately the same was canceled . Again the interview was held on 12.12.2005 and petitioners were not issued any interview letters. Therefore, the present writ petition has been preferred. Moreover, there is also a prayer to the effect that the result of the interview dated 12.12.2005 may not be published.
(2.) COUNSEL for the petitioners submitted that petitioners are entitled for the promotion from the post of clerical grade to the officers grade -J.M.G. -1. Petitioners have all the necessary qualification and eligibility for the said promotion. Initially petitioners were issued interview letters, but the same was postponed. Again the interview was conducted on 12.12.2005 and for no reasons interview letters were not issued to the petitioners . Juniors to the petitioners have been promoted and therefore, petitioners ought to have been invited for giving interview for the officers grade -J.M.G. Scale -1 and the result of the interview dated 12.12.2005 deserved to be quashed and set aside.
Counsel for the Bank ( respondent no. 1 to 3) has submitted that interview result has already been published by now. Interview was conducted on 12.12.2005, therefore there is no question of grant of such prayer at this belated stage. It is further submitted that it is stated in para 5 that clarification were received for the 13 points roster and therefore the interviews were held on 12.12.2005 by canceling the earlier interview date. Petitioners are belonging to reserve category and there was no seat for the reserved category quota. This aspect has been detailed in para 5 and 6 of the counter affidavit filed by the Respondent no. 1 to 3. It is also submitted that the persons who have been promoted are senior to the petitioners. The seniority list is annexure -d to the counter affidavit filed by the respondent no. 1 to 3 and there is no rejoinder to the counter affidavit filed by the petitioners nor the seniority list is under challenge by the petitioners. Therefore, writ petition deserves to be dismissed.
(3.) IT appears that the private respondents have also filed their counter affidavit and looking into the para 8,9 and 10 of their counter affidavit it appears that further guidelines were issued in the form of clarification on the roster points and thereafter, interviews were postponed and re -conducted on 12.12.2005. Petitioners were not called for the interview because there was no seat for the reserved category quota for the promotional post. Moreover, the result of the interview was also published long before dated 21.12.2005.;
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