S KARUNANIDHI Vs. INDIAN BANK

JUDGEMENT

(1.) The petitioner filed the above writ petition seeking to issue a writ of Mandamus to direct the respondent to consider the case of the petitioner and issue the order for promotion to Officer's Scale II with retrospective effect from the date of implementation of the weightage and credit given to C.A./I.C.W.A. On which his juniors were promoted modifying the Rules in this regard.

(2.) The brief facts that are necessary for the disposal of the writ petition is as follows: The petitioner was recruited as a Clerk in the Indian Bank in the year 1978. In the year 1983, after getting due permission from the authorities he pursued his higher studies and obtained Law degree in the year 1986. Therefore, he became eligible for promotion in the year 1987. Since in that year direct recruitment was made for Law Officers and service weightages were also given even to the persons employed in the Government. Therefore, the petitioner contends that considering the fact that he obtained Law Degree in the year 1987 itself, had he been considered for promotion in that year, he would have been promoted as Scale I Officer in the bank. Thereafter by efflux of time he would have been promoted to Scale II. Therefore, the present writ petition has been filed seeking for a Mandamus directing the respondent to promote him as Scale II Officer with retrospective effect from the date of implementation of weightage and credit given to C.A./I.C.W.A. from the date on which his juniors were promoted modifying the rules in this regard.

(3.) It is also stated in the affidavit that those persons were employed in the clerical cadre with additional qualification in C.A./I.C.W.A. alone are considered for direct promotion to Scale I Officers while B.L. is not considered for promotion to Scale I Officers Cadre. Therefore, it violates the equality granted in the Constitution of India.