Rajasthan High Court - Jodhpur
Rai Chand Barasa vs Union Of India & Ors on 8 May, 2009
Author: Prakash Tatia
Bench: Prakash Tatia
1
S.B. CIVIL WRIT PETITION NO.7820/2007
Rai Chand Barasa
vs
UOI & Ors.
DATE OF ORDER:8.5.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.PS Bhati, for the petitioner.
Mr.PK Lohra, for the respondents.
<><><> Heard learned counsel for the parties.
The petitioner joined as clerk in the respondent-bank on 1st Feb., 1985. The petitioner was an aspirant for the promotion in the respondent-bank. However, an agreement was executed between the Union of the Bank Employees with the management on 28th June, 1994 by which a policy for promotion was formulated. In this policy, three groups were created, which are 'A', 'B' and 'D'. The petitioner firstly took chance to get success in group 'A' whereunder he was supposed to give written test. The petitioner thrice appeared in that written test and then tried to get the promotion in group 'D' whereunder there is no requirement of written test and mere interview is the criteria for giving promotion to the same post. Now the petitioner is challenging the condition of the policy (Annex.1), which requires that candidate who remained unsuccessful in group 'A' shall not be entitled to take benefit under group 'D' for two years. The 2 petitioner's candidature was not considered in group 'D' in the year 2007 as he failed in the year 2005 in group 'A'. The petitioner who took benefit of this policy (Annex.1) by taking part in examination in group 'A' thrice and now is challenging the condition of Annex.1 itself. The petitioner since accepted the policy, therefore, he cannot challenge any of the condition of policy. Otherwise also, the petitioner is not entitled to challenge any part of the policy being bound by the policy decision, which has been entered on his behalf by the Bank's Employees Union with the respondent-Bank.
In view of the above reasons, I do not find any merit in this writ petition and the same is hereby dismissed.
(PRAKASH TATIA), J.
c.p.goyal/-