Jharkhand High Court
Rabindra Kumar Mishra vs Palamau Kshetriya Gramin Bank Through ... on 4 May, 2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No.6235 of 2014
Rabindra Kumar Mishra son of Shri Bhagwat Datt Mishra, resident
of village Sukhban, P.O. Nawada, P.S. And District Garhwa
.... ...... Petitioner
Versus
1. Vananchal Gramin Bank through its Chairman, Municipality
Chowk, P.O., P.S. & District Dumka
2. General Manager, Vananchal Gramin Bank, Municipality Chowk,
P.O., P.S. & District Dumka
3. Board of Directors, Vananchal Gramin Bank, Municipality
Chowk, P.O., P.S. & District Dumka
4. Pramod Kumar Sinha, father's name not known to the petitioner,
Branch Manager, Vananchal Gramin Bank, Hussainabad Branch, at
and P.O. Hussainabad, District Palamau
.... ..... Respondents
With
W.P.(S) No.4423 of 2015
Priya Ranjan Kumar, Son of Late Awadh Kishore Prasad, resident of
Raja Bagicha, Near Anand Marg School, P.O. And P.S. Deoghar,
District Deoghar .... ...... Petitioner
Versus
1. Vananchal Gramin Bank through its General Manager Head
Office Dumka, District Dumka
2. The Regional Manager, Vananchal Gramin Bank Regional Office,
Ragion1, Deoghar, 2nd Floor building of Maa Jagdamba, Motors,
Near Bajaj2 wheeler Showroom, Court road, V.I.P. Chowk, P.O and
P.S. Deoghar, District Deoghar, Jharkhand
.... ..... Respondents
With
W.P.(S) No.4954 of 2015
Ajay Kishor Prasad son of Late Jai Kishor Prasad resident of
Sarkheldih, Kamlalaya, P.O., P.S. & District Jamtara posted as
Branch Manager (MMGSII), Vananchal Gramin Bank, Fatehpur
Branch, P.O. & P.S. Fatehpur, District Jamtara
.... ...... Petitioner
Versus
1. The Chairman, Vananchal Gramin Bank, Head Office,
Municipality Chowk, P.O., P.S. & District Dumka
2. The Board of Directors, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
3. The General Manager, Vananchal Gramin Bank, Head Office,
Municipality Chowk, P.O., P.S. & District Dumka
4. Sri Koushlendra Sharma Branch Manager, Vananchal Gramin
Bank, Madhupur, P.O. & P.S. Madhupur, District Deoghar
5. Sri S.P. Gupta retired Branch Manager, Vananchal Gramin Bank,
Deoghar, June Pokhar, Pani Tanki Near Bus Stand, P.O., P.S. &
District Deoghar
6. Sri Dharmdeo Prasad Roy, Auditor, Vananchal Gramin Bank,
Head Office, Municipality Chowk, Dumka P.O., P.S. & District
Dumka
7. Sri Ajeet Kumar Dubey Manager Loan Section, Vananchal
2
Gramin Bank, Head Office, Municipality Chowk, P.O., P.S. & District
Dumka
8. Sri P.K. Upadhyay retired Branch Manager, Vananchal Gramin
Bank, Naya Para, Dumka, P.O., P.S. & District Dumka
9. Sri Dhananjay Prasad Roy, Desk Officer, Area Office, Bajaj show
room, Deoghar, P.O., P.S. & District Deoghar
With
W.P.(S) No.4958 of 2015
Bholi Ram son of Late Babulal Ram resident of Rajpalli, Siyasadan,
P.O., P.S. & District Jamtara at present posted as branch Manager
(MMGSII), Vananchal Gramin Bank, Pabia Branch, P.O. Pabia, P.S.
Narayanpur, District Jamtara .... ...... Petitioner
Versus
1. The Chairman, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
2. The Board of Directors, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
3. The General Manager, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
4. Sri Dilip Kumar Ojha Branch Manager, Vananchal Gramin Bank,
Sarwan Branch, P.O. & P.S. Sarwan, District Deoghar
5. Sri Kundan Kumar Branch Manager, Vananchal Gramin Bank,
Hansdiha Branch, P.O. & P.S. Hansdiha, District Deoghar
6. Sri Prafulla Jha retired Officer, Vananchal Gramin Bank,
Khanjarpur near S.B.I (opp. Of Nuo Lakha Kothi), P.O. Khanjarpur,
P.S. & District Bhagalpur (Bihar). .... ..... Respondents
With
W.P.(S) No.5220 of 2015
Amresh Mahto son of Late Chamtu Mahto retired District
Coordinator (MMGSII) Vananchal Gramin Bank resident of Court
Road, Premdham, P.O., P.S. & District Jamtara
.... ...... Petitioner
Versus
1. The Chairman, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
2. The Board of Directors, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
3. The General Manager, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
4. Sri Motilal Hembram Branch Manager, Vananchal Gramin Bank,
Dalahi Branch, P.O. Dalahi, P.S. Maslia, District Deoghar
5. Sri Sayeed Ziaul Haque Vananchal Gramin Bank, Regional Office
II, Goda, P.O., P.S. & District Godda
6. Sri Manoj Kumar Choudhary, Branch Manager Vananchal Gramin
Bank, Sarkanda Branch, P.O., P.S. & District Godda
7. Sri Manoj Kumar Choudhary Branch Manager Vananchal Gramin
Bank, Mihijam Branch, P.O. & P.S. Mihijam, District Godda
8. Sri Ujjawal Kumar Chattopadhyay Field Officer, Vananchal
Gramin Bank, Main Branch, Jamtara P.O., P.S. & District Jamtara
.... ..... Respondents
3
With
W.P.(S) No.5232 of 2015
Gopal Chandra Mishra son of Late panchanan Mishra resident of
Dumka Road near Patodia Dharmsala, Jamtara, P.O., P.S. & District
Jamtara at present posted as District Coordinator (MMGSII),
Vananchal Gramin Bank Jamtara, P.O., P.S. & District Jamtara
.... ...... Petitioner
Versus
1. The Chairman, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
2. The Board of Directors, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
3. The General Manager, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
4. Sri Prafulla Kumar Jha retired Officer, Vananchal Gramin Bank,
Khanjarpur near S.B.I. (Opp.of Nuo Lakha Kothi), P.O. Khanjarpur,
P.S. & District Bhagalpur, Bihar .... ..... Respondents
With
W.P.(S) No.5294 of 2015
Bankey Bihari Rukhaiyar son of Late Gangadhar Prasad Rukhaiyar
resident of Opp.PHED Office, Station Road, Jamtara, P.O., P.S. &
District Jamtara posted as Accountant (MMGSII), Vananchal
Gramin Bank, Madhupur Branch, P.O. & P.S.Madhupur, District
Deoghar .... ...... Petitioner
Versus
1. The Chairman, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
2. The Board of Directors, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
3. The General Manager, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
4. Sri A. M. Shamim, Desk Officer (Personnel), Regional Office
Godda II, Vananchal Gramin Bank, P.O., P.S. & District Godda
5. Sri Anup Kumar Shil Sharma retired Branch Manager, Vananchal
Gramin Bank, resident of Shakrogarh, near Chaiti Durga mandir,
Sahebganj, P.O., P.S. & District Sahebganj
6. Sri Shyamakant Jha retired Branch Manager, Vananchal Gramin
Bank, resident of Baskinath Colony near Balti Factory, Dohtta,
Bhagalpur, P.O., P.S. & District Bhagalpur (Bihar)
7. Sri Chandradhar Dubey retired Branch Manager, Vananchal
Gramin Bank, resident of Baghmara, P.O. Rohni, P.S. Deoghar (M),
District Deoghar
8. Sri Kailash Prasad Verma, Manager, Vananchal Gramin Bank,
Head Office, Municipality Chowk, Dumka, P.O., P.S. & District
Dumka
9. Sri Pradeep Kumar Dubey, Branch Manager, Vananchal Gramin
Bank, Gopi Bandh Branch, Sarath, P.O. & P.S. Sarath, P.O. & P.S.
Sarath, DistrictDeoghar .... ..... Respondents
4
With
W.P.(S) No.5353 of 2015
Tapesh Kumar Srivastava son of Late Jagdish Prasad Srivastava
retired Branch Manager(JMGS I), Vananchal Gramin Bank, resident
of Maatri Ashram Road, Jamtara, P.O., P.S.&DistrictJamtara
.... ...... Petitioner
Versus
1. The Chairman, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
2. The Board of Directors, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
3. The General Manager, Vananchal Gramin Bank, Head Office,
Municipality Chowk, Dumka, P.O., P.S. & District Dumka
4. Sri Chandra Chur Prasad Singh, District Coordinator, Regional
Office, Deoghar, Vananchal Gramin Bank, Deoghar, P.O.,
P.S.&DistrictDeoghar
5. Sri Malindra Hembrum, Branch Manager, Amba Branch,
Vananchal Gramin Bank, P.O.Amba, P.S.Kundhit, DistrictJamtara
6. Sri Patwari Soren Officer, Head Office, Municipality Chowk,
Dumka, P.O., P.S. & DistrictDumka
7. Sri Ranjan Kumar Dubey Audit Cell, Vananchal Gramin Bank,
Head Office, Municipality Chowk, Dumka, P.O., P.S. & District
Dumka
8. Srim Amrendra Kumar Sinha Desk Officer, Regional Office,
Deoghar, Vananchal Gramin Bank, Deoghar, P.O., P.S.& District
Deoghar
9. Sri Dilip Kumar Ojha Branch Manager, Vananchal Gramin Bank,
Sarwan Branch, P.O.&P.S.Sarwan, DistrictDeoghar
10. Sri Kundan Kumar Branch Manager, Vananchal Gramin Bank,
Khanjarpur near S.B.I.(opp. of Nuo Lakha Kothi), P.OKhanjarpur,P.S.
& DistrictBhagalpur, Bihar .... ..... Respondents
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner(S) : Mr. Afaque Ahmad, Adv.
[in W.P.(S) No.6235 of 2014]
: Mr. Amit Kumar Verma, Adv.
Mr. Vineet Prakash, Adv.
[in W.P.(S) No.4423 of 2015]
: Mr. S.K. Murtty, Adv.
[in W.P.(S) No.4954, 4958, 5220, 5232, 5294 & 5353 of 2015]
For the Resp.Bank : Mr. Nipun Bakshi, Adv.
[In all cases]
17/04.05.2017Main prayer in this batch of writ petitions is for grant of promotion in Middle Management Grade ScaleII from Junior Management Grade ScaleI. 5
2. Heard.
3. The petitioners have raised a plea that promotion granted in Middle Management Grade ScaleII (hereinafter referred to as MMGSII) was not in terms of Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1998. It is contended that once the petitioners qualified the written examination and obtained minimum qualifying marks, they cannot be denied promotion by preparing a meritlist based on aggregate of marks obtained in the written examination, interview and performance appraisal. Mr. Afaque Ahmad, the learned counsel appearing in W.P.(S) No.6235 of 2014 has referred to decisions in "B.V. Sivaiah & Others Vs. K. Addanki Babu & Ors." reported in (1998) 6 SCC 720 and "Harigovind Yadav Vs. Rewa Sidhi Gramin Bank & Ors." reported in (2006) 6 SCC 145, to fortify the contention that once a candidate has secured benchmark, his seniority alone can be considered for promotion. Referring to paragraph no.36 of the judgment in "Ghanshyam Pathak Vs. Santhal Pargana Gramin Bank, Dumka" reported in (2014) 2 JCR 662, it is contended that once it is held by the Division Bench that the respondents did not carry the promotion exercise following senioritycummerit rule, the whole exercise pursuant to notice dated 25.10.2004 must be held illegal and the petitioners shall be accorded similar benefit which has been granted to the petitioners in W.P.(S) no.265 of 2005 and batch cases.
4. Seriously opposing the writ petition, Mr. Nipun Bakshi, the learned counsel for the respondentbank raises a plea of delay 6 and laches on the part of the petitioners. It is contended that the decision in "Ghanshyam Pathak" case has not expressly extended similar benefit to other similarly situated employees. The learned counsel has relied on the decision in "Bharat Sanchar Nigam Limited Vs Ghanshyam Dass(2) and Ors. reported in (2011) 4 SCC 374 and "U.P. Jal Nigam and Another Vs. Jaswant Singh and Another" reported in (2006) 11 SCC 464, to contend that the petitioners cannot be granted promotion on the basis of decision in "Ghanshyam" case.
5. The Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1998 lay down the criteria and procedure for promotion from JMGSI to MMGSII. The promotion is on the basis of senioritycummerit. Rule2(j) provides that a written test for 60 marks shall be conducted and 20 marks is allotted for interview and 20 marks for performance appraisal. The rules prescribe that the candidates who secure 40% in each part of the written test shall be eligible. There is no dispute that all the petitioners have secured the minimum qualifying marks. Juniors to them in the meritlist have been promoted, has also been admitted by the respondentbank. By a detailed order, the Division Bench in "Ghanshyam Pathak" held that;
36...."the exercise of promotion to the next higher scale have not been carried out in accordance with the principle of senioritycummerit laid down under 3 rd Schedule of the Rules of 1998 by the respondent Banks and the respective petitioners in each of the individual writ petitions being interse senior to the other promoted respective candidates, and also having undisputedly qualified in the selection process, deserve to be granted promotion from the due dates on which the persons junior to them have been granted 7 promotion by the impugned orders in the individual writ petitions....."
6. From a bare reading of the aforesaid paragraph, one gets an impression that the decision in "Ghanshyam Pathak" has been confined to the petitioners before the Court. It is a wellsettled proposition that the persons who slept over their rights, by afflux of time loose their right to enforce such rights. In "Jagdish Lal Vs. State of Haryana" reported in (1997) 6 SCC 538, it has been observed: It is not necessary to reiterate all the catena of precedence in this behalf. Suffice is to state that the appellants kept sleeping over their rights for long and elected to wakeup when they have the impetus from "Virpal Chauhan and Ajit Singh case" ratios.
7. The writ petitions which have been disposed of by a common judgment in "Ghanshyam Pathak" were not filed in representative capacity. No rule or order of general application was under challenge. From paragraph no.36 of the judgment it does not appear that the Court granted a declaratory relief rather, it has confined the relief to each individual writ petitioners. There was no direction by the Division Bench to the respondentbank to grant similar relief to other similarly situated JMGSI who had also participated in the same selection exercise. In "Bharat Sanchar Nigam Limited", the Supreme Court has indicated the circumstances in which a similar relief can be extended to other similarly situated persons:
(a) where the order is made in a petition filed in a representative capacity on behalf of all similarly situated employees;8
(b) where the relief granted by the court is a declaratory relief which is intended to apply to all employees in a particular category, irrespective of whether they are parties to the litigation or not;
(c) Where an order or rule of general application to employees is quashed without any condition or reservation that the relief is restricted to the petitioners before the Court; and
(d) where the court expressly directs that the relief granted should be extended to those who have not approached the court.
8. The petitioners in this batch of writ petitions fall under two categories. Petitioners in W.P.(S) No.6235 of 2014, W.P.(S) No.5353 of 2015 and W.P.(S) No.4423 of 2015 have not been granted promotion and they all have superannuated from service. Judgment in "Ghanshyam Pathak" was rendered on 23.01.2014 and except, petitioner in W.P.(S) No.6235 of 2014 who superannuated from service on 31.03.2014, others superannuated before the judgment in "Ghanshyam Pathak". Petitioners in the remaining writ petitions have been granted promotion in the subsequent promotion exercise. Plea raised on behalf of the respondentbank is that they never raised any objection to denial of promotion in the previous selection exercise and participated in the subsequent promotional exercises. In short, after these petitioners have accepted promotion, on the basis of the judgment in "Ghanshyam Pathak" they cannot be permitted to lay a challenge to denial of promotion to them in the previous exercise which had commenced with notice dated 25.10.2004.
9. Admittedly, on denial of promotion in MMGSII, the petitioners did not approach the Court. The order granting 9 promotion to their juniors is not under challenge. The petitioners have rightly been described as "fence sitters". Only after a decision in "Ghanshyam Pathak"came, by which some of the officers in JMGSI were granted payscale of MMGSII from the date their juniors were promoted, the petitioners rose from the slumber and rushed to this Court. Not only interference with the promotions already granted would cause chaos in the hierarchy, rights which by afflux of time have concretized would also be reopened, if these writ petitions are entertained.
10. In the aforesaid facts, finding no merit in the writ petitions, these are dismissed.
(Shree Chandrashekhar, J.) Pankaj/R.Sinha AFR