UCO BANK Vs. RAJNIKANT A SACHANIA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the Oral Judgment delivered by the learned Single Judge of this Court (Coram: R.K. Abichandani, J.) on 28.8.2003. Learned Single Judge allowed the petition directing the appellant to consider the case of the respondent accordingly for promotion as clerk, as per the rules of promotion from the date on which he became due under Clause 46(ii) on the basis of his higher educational qualification from the date on which his immediate junior came to be promoted to such cadre, at the earliest, preferably within one month from the date of receipt of the writ of the said order.

(2.) The respondent applied for the post of Peon on October 11, 1977 when he was a Non Matriculate; in the year 1978, he appeared for the SSC Examination with prior permission of the Board and passed the examination; he was, thereafter, appointed as a peon by the Bank on November 16, 1979 and resumed on November 26, 1979; he had completed more than 14 years service; request made by him to promote him on the post of clerk was turned down by the appellant. That action was challenged by the petitioner in the petition.

(3.) Contention has been raised before us by the appellant that the respondent had suppressed higher educational qualification at the time of joining the service; according to the Circular dated March 8, 1979,the respondent is not entitled; the Circular dated March 8, 1979 is not applicable to the respondent; his declaration was erroneously taken; because of the directions of the learned Single Judge, seniority of the other employees will be adversely affected; clause 4.6(ii) of the Recruitment Rules is not applicable to the facts of the respondent. Except the aforesaid contentions, no other contention was raised by the appellant before us.