Delhi High Court
Kulvinder Singh Sethi And Ors. vs Chairman-Cum Managing Director, ... on 3 April, 2002
Equivalent citations: 2002IVAD(DELHI)306, 97(2002)DLT816
JUDGMENT Vijender Jain, J.
1. The writ petition was filed by the petitioners, inter alia, on the ground that the respondent-Punjab and Sind Bank issued letters of appointment to the petitioners on 4.3.1983 to join the Bank within one month. On 18.3.1983 result of the promotees for the post of Probationary officers was intimated to the officers by the respondent-Bank and on 22.3.1983 letter of appointment was issued to the promotees.
2. Mr. Anis Ahmad, learned counsel appearing for the petitioners, very fairly contends that he would not like to upset the seniority of the officers, which was drawn in the year 1986. Even otherwise I do not see any force in the prayer made in the writ petition that the seniority of those direct recruits be considered from the date of the offer of appointment as Probationary Officers. The direct Probationary Officers were given one month's time to join and it is only after joining the respondent-Bank the date for consideration for promotion would be the date when they actually joined the respondent-Bank and not the date when the Bank had offered the job to them.
3. The writ petition was filed in the year 1989, Rule was issued on 10.7.1992. It seems that during the pendency of the writ petition, some departmental examination was conducted by the respondent for promotion from Scale-I to Scale-II. Respondent did not allow the petitioners to participate in the said examination and the petitioners were compelled to file applications being CM nos. 8140/1999 and 8141/1999. On 16.7.1999 this court directed the respondent to allow the petitioners and other officers belonging to the seniority list of 1986 to participate in the departmental examination proposed to be conducted by the respondent-Bank on 25.7.1999 and 18.7.1999 from Scale-I to Scale-II and from Scale-II to Scale-III respectively. Pursuant to the directions of this Court respondent allowed the petitioners and other of 1986 seniority list to participate in the departmental examination as stated above. However, the results of the petitioners and other officers of 1986 seniority list were kept in sealed cover. When the results of these officers were not announced, petitioners vide IA no. 3276/2001 approached this Court once again and court directed the respondents to declare the results of the examination held on 25.7.1999 and the sealed cover was opened and the result of the officers, whosoever qualified, were announced and promotion granted to them from 23.3.2001 when this Court gave direction to the respondent. Mr. Ahmad has contended that it was not the fault of the petitioners/other officers of 1986 seniority list that their results were not opened and kept in sealed covered till 23.3.2001 whereas they had appeared in the examination on 25.7.1999 and the result thereof was announced on 1.11.1999.
4. Mr. Jagat Arora, learned counsel appearing for the respondent, has contended that this prayer cannot be granted in this writ petition as it is beyond the scope of the writ petition. I am afraid the contention of the learned counsel for the respondent is totally devoid of any merit. Respondent has not challenged the orders passed by this courts on 16.7.1999, 22.7.1999 as well as the last order on 23.3.2001. Having complied with the orders of this Court, the respondent cannot be allowed to blow hot and cold in the same breath that the seniority of the petitioners/other officers cannot be granted from the date when the result was announced of other candidates on 1.11.1999. As a matter of fact, the sealed cover was not opened by the respondent although officers of the seniority list of 1986 have qualified in the examination held by the respondent and, therefore, I do not see any justification from not giving the seniority from 1.11.1999 to those officers who have qualified the departmental examination for promotion from Scale-I to Scale-II. Respondent is, therefore, directed to fix seniority of all such officers of 1986 seniority list from 1.11.1999 instead of 23.3.2001.
5. Rule is made absolute.
6. Writ petition stands disposed of accordingly.