SACHINDRA NATH JANA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) The petitioners herein have filed the present writ petition seeking For the following reliefs:-

(2.) The petitioners were earlier working in the respondent bank in the grade of JMG Scale-I Some time in the month of December, 1993 the respondent bank initiated the process for promotion of eligible persons to MMG Scale-I1. At that stage there were altogether 326 vacancies. Under the revised promotion policy framed under the United Bank of India ( Officers) Service Regulation, 1979, those 326 vacancies were notified by the respondent bank for being filled up by promotion from JMG Scale-I to the post of MMG Scale-II. 195 vacancies were identified in the normal track channel and 131 in the fast track channel. Pursuant to the circular dt.9.12.93 a common written test for filling up the aforesaid vacancies was held on 29.5.94, which was followed by interviews. In terms of the ratio of vacancies, out of 326 vacancies, 195 vacancies were available in the normal track channel whereas 131 vacancies were available in the fast track channel. Through the aforesaid process of selection, only 85 vacancies, out of 195 in the normal track channel, could be filled up thereby leaving 110 vacancies unfilled whereas all the vacancies in the fast track channel were filled up by the aforesaid process, when aforesaid 110 vacancies remained unfilled, the petitioners herein claimed that the aforesaid unfilled vacancies should be shifted from the normal track channel to fast track channel strictly in accordance with Clause 2.3 of the promotion policy and to make promotions against the said vacancies from out of the candidates From the fast track channel. The respondent bank, however, issued circular For filling up those vacancies through the process of fresh examination scheduled to be held on 14.5.95 again in the category of normal track From JMG, Scale-I to MMG-II but confined only to those who had failed in the combine test held on 29.5.95.

(3.) Being aggrieved by the aforesaid action of the respondent bank, the petitioners filed a writ petition in this court, which was registered as CWP No.1976/95. The said writ petition came up for consideration before a Division Bench of this court and by its Judgment and order dt.21.5.96, the Division Bench allowed the writ petition and quashed the impugned circulars, The Division Bench issued a direction to the respondents to act in accordance with Clause 2.3(c) by transferring the unfilled vacancies in the normal track channel for promotion from JMG Scale-I to MMG Scale-I1 to the fast track channel and fill up those vacancies from the merit list prepared in the fast track channel. The respondent bank being dissatisfied by the aforesaid Judgment and order of this court, went on appeal before the Supreme Court by filing a Special Leave Petition,/ which way registered as C.A.No. 6531/97. By judgment and order dt.7.1.1998, the Supreme Court dismissed the said appeal and upheld the judgment and order passed by the Division Bench of this court. Subsequent thereto, an order was passed by the respondent bank on 17.2.1998 stating therein that in due deference to the order of the Supreme Court, promotion is granted to the petitioners on adhoc basis from JMG ScaleI to MMG Scale-I1 w.e.f.. 17.2.98. Subsequently, another letter was issued on 20.6.98 by the respondent bank to the petitioners whereby the decision of the respondent bank was communicated that the seniority of the petitioners in MM6- Scale-I1 would be reckoned w.e.f. 7.1.98 and the monetary benefits would be provided - from 17.2.98 when actual promotion ,was effected.