P SAIDDAPPA Vs. CHAIRMAN RAYALASEEMA GRAMEENA BANK

JUDGEMENT

(1.) CHALLENGING the action of the respondents in placing the petitioner at serial No.242 in the final seniority list in Cir.No.197/STF/59/2000, dated 15 -11 -2000 as illegal and arbitrary and consequently to direct the respondents to place the petitioner at serial No.183 in the final seniority list as per his date of joining in the post, which is the criteria, the present writ petition is field.

(2.) THE brief facts that are necessary for the disposal of the present writ petition may be stated as follows: "The petitioner joined in the respondent bank as a Clerk -cum -cashier on 01 - 05 -1984. His probation has been declared and his services were regularized with effect from 01 -05 -1985. While so, the second respondent issued circular No.117/STF/25/90, dated 24 -09 -1990, wherein a seniority list in the cadre of Junior Clerk -cum -cashiers as on 25 -06 -1990 was prepared and communicated to all the individuals. In that seniority list, the name of the petitioner was shown at serial No.69 with employee No.0687. The said seniority list has been prepared as per the date of joining into service. Later on, the second respondent issued another circular No.126/STR/41/95, dated 26 -08 -1995 wherein a fresh seniority list of clerk -cum -cashiers, after rectifying the anomalies existing in the earlier list, was prepared and published and communicated to the individuals. In that seniority list, the name of the petitioner was not shown as it relates to only senior clerk -cum -cashiers. The petitioner submits that if both the seniority lists are clubbed together and a common seniority list is prepared, he would be at serial No.183."

(3.) THEREAFTER , the second respondent issued another circular No.197/STF/59/2000, dated 15 -11 -2000, wherein the seniority list of clerk -cum -cashiers as on 01 -10 - 2000 was prepared and communicated to all the individuals. As per the seniority list dated 15 -11 -2000, the petitioner was placed at serial No.242, which is quite contrary to the earlier two seniority lists. Immediately, the petitioner filed his objections on 20 -11 -2000 requesting the second respondent to rectify the mistake/anomaly in the final seniority list dated 15 -11 -2000 and also to place his name at serial No.183 as per his date of joining into service. But, no action has been taken even till to date on the objections filed by the petitioner. Challenging the same the present writ petition is filed. A counter affidavit has been filed by the respondents stating that the petitioner joined in the bank as a Junior clerk -cum -cashier on 01 -05 -1984 in direct recruitment. His probation was extended and confirmed with effect from 21 -05 -1985 and his seniority had been fixed accordingly. The respondent bank had fixed the seniority of the petitioner in accordance with Regulation 13 of the Rayalaseema Grameena Bank (Staff) Service Regulations 1980 (for short 'Regulations 1980') and therefore his claim for fixation of his seniority with effect from the date of joining i.e., 01 -05 -1984 cannot be considered. Hence, there are no grounds to interfere with the impugned proceedings.