BISWA RANJAN BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 12th Oct., 1982 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the appellant herein claiming for the following reliefs :

(2.) Shortly stated the fact of the matter is as follows : The appellant herein was appointed as Junior Officer Grade-II on the probation which was later on termed as Grade 'A' by the First Respondent herein in terms of an offer of appointment dated 31st Dec., 1968 inter alia, on the following condition:-

(3.) Admittedly within a period of 3 years he passed Part-I of the Associate Examination of the Indian/English Institute of Bankers as a result whereof he was confirmed in his services. However, he failed to pass the Part-II Examination. On or about 29th Aug. (Annexure 'E') the petitioner was informed that as he had not passed the Part-II Examination and the five years period as stipulated therefor in the offer of appointment (supra) was to expire, he was advised to take steps to complete the said examination as early as possible failing which his promotion shall be held over. He, however, did not pass Part-II Examination within the aforementioned period of five years. Despite the same, he was given an officiating promotion on a long term basis in Grade 'B' on or about 5th Feb., 1974.