GIRISH CHANDRA Vs. ALIGARH GRAMIN BANK AND ORS.

JUDGEMENT

(1.) PRESENT writ petition has been filed by the petitioner for declaring Regulation 13 (3) of Chapter III of Aligarh Gramin Bank (Staff) Service Regulations, 1981 as invalid and further for issuing a writ in the nature of certiorari for quashing of the memo dated 13.07.1991 and the seniority list dated 31.12.1990 and 08.03.1990, in so far as they relate to the petitioner and respondent Nos. 4 to 7, and also for according consequential benefits.

(2.) BRIEF background of the case as mentioned in the writ petition, is that the petitioner had been performing and discharging duties as clerk -cum -cashier at Pilkhana Branch of Aligarh Gramin Bank. Petitioner has contended that a general seniority list was published under the signature of respondent No. 2 on 01.01.1986 with covering memo dated 30.07.1986, wherein, petitioner was placed in the seniority list of Senior Clerk -cum - Cashier at serial No. 26 above respondent Nos. 4 to 7, who were placed at serial Nos. 27 to 30 respectively. Petitioner has stated that the said seniority list was drawn up in accordance with Aligarh Gramin Bank (Staff) Service Regulations, 1981. However, on 31.12.1989 list was revised and the petitioner was placed below respondent Nos. 4 to 7 at serial No. 16 in the seniority list of Senior Clerk -cum - Cashier. The petitioner objected to the said seniority list, and thereafter another seniority list was published on 08.03.1990, then again petitioner objected to. Petitioner has stated that no decision was taken then memo dated 12.06.1990 was sent and petitioner again sent letter dated 28.07.1990. Petitioner has stated that he kept on representing the matter but nothing was done and totally on illegal criteria seniority has been determined, and then present writ petition has been filed.

(3.) IT has been stated that the action, which has been taken, is strictly in accordance with law and further rational behind Regulation 13 (2) of the Regulations referred to above arose out of the very nature of the probation which, needless to add, does not bestow any right of confirmation and confirmation can only be claimed, if in the opinion of the authority, the officer or the employee has satisfactorily completed specified period of service. Seniority list in the present case has been prepared having regard to the Notification issued by NABARD dated 09.12.1986, and it was issued on 01.01.1988, and the petitioner never filed any objection to the said seniority list. On representation of the same, it has been stated that subsequent seniority list contains some placement of the petitioner with effect from 01.01.1988, and same has attained finality.