M MICHAEL RAJ Vs. CANARA BANK

JUDGEMENT

(1.) The petitioner prays for the issuance of writ in the nature of certiorari to quash the order passed by the Deputy General Manager, Canara Bank, declining the request of the petitioner for grant of stagnation increment. The petitioner joined the respondent Bank on 29.7.1978 as Clerk and has put in 33 years of service. The petitioner was promoted as an Officer JMG - I in March 1988 and posted to Coonoor Branch, Nilgiris. Due to ill health of the petitioner, he offered to give up his promotion after two years and sought reversion back from JMG - I to clerical cadre.

(2.) The request of the petitioner was accepted and he was reverted on 1.9.1990. The petitioner was granted increment, but was cancelled subsequently for the reason that the petitioner was promoted and it was after two years that, he offered to be reverted back to clerical cadre, therefore, he was not entitled to stagnation increment.

(3.) The learned counsel for the petitioner vehemently contends, that the service condition of the petitioner were governed by the 5th Bye-partite settlement dated 10.4.1989, which stipulates that stagnation increment can only be refused to an employee who at any time after the commencement of the settlement and after being offered or selected for promotion, refuses to accept such promotion.