B V NARAYANA RAO Vs. INDIAN BANK MADRAS

JUDGEMENT

(1.) The unsuccessful petitioner-appellant being aggrieved by the order of the learned single judge dated 2-9-1988 in Writ Petition No.6933 of 1988 has filed this, writ appeal.

(2.) In the writ petition, the petitioner sought for a writ of certiorari for quashing the proceedings dated 4-8-1986 of the Deputy General Manager (Personnel) and the proceedings No. HIM:GENL:87, dated 20-10-1987 of the Chief Manager, Himayatnagar, Office of Indian Bank, Hyderabad and for a consequential direction to the respondent to promote the petitioner to the Officer Grade (J.M. Scale-1) post with retrospective effect i.e., from 8-5-1974 and to grant all the consequential benefits flowing from such promotion.

(3.) The facts leading to the filing of the writ petition be summarized briefly as under: The petitioner while working as Clerk in the establishment of the respondent bank came under zone of consideration for promotion to the post of Officer Grade (J.M.Scale-I) on 8-5-1974. But, his case was not considered for promotion on the ground that he was accused No.2 in CC No. 17/77 and CC No.24/77. The petitioner was subsequently acquitted in those criminal cases by the Special Court. After his acquittal, in pursuance of the request of the petitioner, the petitioner's case was considered and he was promoted to Officer Grade (J.M.Scale-I) with effect from 18-6-1980. Thereafter, the petitioner made several representations to the management of the bank to grant him promotion with retrospective effect, i.e., with effect from 17-5-1974, the day on which his immediate juniors in the feeder cadre were promoted. The bank's management by its letter dated 4-8-1986 informed the petitioner that the petitioner is not entitled to promotion with effect from 7-5-1974 as per the policy existing during the year 1974. The petitioner on 25-8-1987 made further representation with similar request. That request was also turned down by the bank's management by its letter dated 20-10-1987 and that led to the petitioner filing the above writ petition praying for certiorari.