OM PRAKASH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this writ petition, the petitioner sought the following reliefs:

(2.) By the impugned order dated 05.12.2009 (Annexure-1 to the writ petition), the promotion of opposite party nos. 7, 8 and 9 from Class-II to Class-I in Moradabad District Co-operative Bank Limited (hereinafter referred to as 'Bank') has been made. The petitioner was not impaneled in the list of selected candidates for promotion and aggrieved by the same, he challenged the procedure of promotion in terms of Regulation 27(iii) of U.P. Co-operative Societies Employees' Service Regulations, 1975 (hereafter referred to as 'the Regulations')

(3.) The facts which are not in dispute between the parties are that petitioner and opposite parties no.7, 8 and 9 are serving in the Bank on Class-II posts. The gradation list of employees of Bank has been annexed with Annexure-2 to the writ petition. In this list, the petitioner has been shown at serial no.33, opposite party no.8 at serial no.12, opposite party no.9 at serial no.20 and the opposite party no.7 at serial no.35. As such, the opposite parties no.8 and 9 are senior to the petitioner but the opposite party no.7 is junior. The opposite parties no.8 and 9 were promoted in the light of the Regulations 27(iii). The amended Regulations 27(iii) is reproduced hereinbelow: