BANK OF INDIA Vs. RAHUL

JUDGEMENT

(1.) Heard on the question of admission.

(2.) Facts of the case are that the respondent, who is an Ex-Serviceman being aggrieved by the action of the appellant/bank, in not permitting the respondent to participate in the process of promotion, which is meant for promotion from Sub-ordinate Staff Cadre to Clerical Cadre had filed a writ petition against the order dated 01.09.2015 and prayed that the appellant be directed to consider him as a graduate on the basis of graduation certificate issued by the Indian Army and to permit him to participate in the process of selection from Sub-ordinate Staff Cadre to Clerical Cadre

(3.) Learned Writ Court considering the fact that the respondent is certainly an Ex-Serviceman and passed Higher Secondary Examination and was in the Indian Army for almost 18 years, relying on the certificate issued by the Indian Army in his favour, in the light of memorandum dated 01.09.2011, came to the conclusion that the respondent is entitled for the benefit flowing out of the certificate issued by the Indian Army on 01.09.2011 and has opined that he has to be treated as graduate for the purpose of promotion process and the objection of the appellant was rejected. In light of the certificate issued by the Indian Army, the respondent is certainly eligible to participate in the process of selection and is also holding the Secondary Certificate with 18 years of service, the action of the appellant in denying the respondent to participate in the process of selection by virtue of notification dated 17.08.2015 is bad in law and allowed the writ petition by directing the appellant/bank to treat the respondent as graduate for the purpose of appointment/promotion, keeping in view the notification dated 17.08.2015 and directed the appellant that in case the respondent is selected in the process of selection, the bank shall confirm all the benefits to the respondent and disposed of the writ petition.