KRISHNA KANT AWASTHI Vs. CADRE AUTHORITY

JUDGEMENT

(1.) This writ petition has been filed against the impugned orders dated 6.6.1987 and 30.5.1987, Annexures-5 and 6 to the writ petition and for a mandamus directing the respondent No. 2 to finally absorb the petitioner as a member of the Cooperative Centralized Service and treat him as such in accordance with Rule 9 of the Co-operative Bank Centralized Service Rules, 1976.

(2.) The petitioner was initially appointed as Assistant Accountant in the Bahraich District Co-operative Bank w.e.f. 9.6.1959. He passed the training course in the year 1963 and was promoted as Branch Manager w.e.f. 26.1.1966 and was confirmed as such in the year 1967 vide resolution of May. 1967 of the Committee of Management of the Bank. The confirmation of the petitioner as Branch Manager was made from the date of his promotion i.e., 26.1.1966. Since a person Junior to the petitioner was promoted as Senior Accountant, hence the petitioner raised a dispute before the Industrial Tribunal against his illegal supersession. The Industrial Tribunal allowed the claim of the petitioner for the post of Senior Accountant vide award dated 17.2.1978. Annexure-1 to the petition. This award was not challenged and hence it became final and the bank adopted a resolution dated 12.12.1979 accepting the award and posting the petitioner as Senior Accountant. The petitioner has been continuously working as Senior Accountant and has been drawing his salary as such w.e.f. 4.3.1978.

(3.) The post of the Chief Accountant in the bank has been designated as Senior Accountant and after issuing the circular dated 18.12.1976 by the Registrar, Cooperative Societies, U.P. the Bank issued a declaration in the year 1978 treating the post of Senior Accountant as Chief Accountant.