PAWAN KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal carried by the writ petitioner/appellant, namely, Pawan Kumar Sharma (in short, Pawan) takes exception to the order dtd. 12/3/2013 passed by the learned single Judge in the writ petition being CO 1793 (W) of 1996 which was preferred by Pawan, inter alia, praying for issuance of necessary direction upon the respondents for fixation of his seniority in the post of Middle Management Grade/Scale-II (in short, MMG/S-II) with effect from 19/9/1977 with all consequential benefits as has been enjoyed by similar circumstanced staff of Punjab National Bank (in short, PNB), Sri. Sainathan and others. By the order impugned in the present appeal such prayer of Pawan was refused and the writ petition was dismissed.

(2.) This case has a chequered history. Pawan was initially appointed as a Development Officer at New Bank of India Limited (in short, NBI), which subsequently stood merged with PNB. He was thereafter posted as a Manager in the proposed sub-office at Bhamukhari in the scale of pay of Rs.400.00 to 1020/-. By an order dtd. 24/5/1978 he was again transferred as a Manager to the sub-office Dhablan where he joined on 19/9/1977 and was confirmed in the said post with effect from 1/6/1979 by an order dtd. 7/3/1983. In terms of Regulation 7 of the New Bank India (Officers Service) Regulation 1982 (hereinafter referred to as the said Regulations) he was placed in Junior Management Grade 1 (hereinafter referred to as JMG/G-I) in the scale of Rs.700.00 to 800/- which was the grade for Accountant and Assistant Manager only. By a letter dtd. 1/7/1987 he submitted a representation for fitment in MMG/S-II pursuant to the case of one Sri. Sainathan -vs- New Bank of India decided by the Hon'ble Andhra Pradesh, High Court on 30/1/1987. A reminder was issued on 27/11/1989. Such prayer was however, rejected by a letter dtd. 19/2/1990. Pawan thereafter preferred an appeal under the said Regulations on 3/3/1990 followed by a further representation on 31/10/1992 in response to which by a letter dtd. 9/11/1992 he was informed that New Bank of India had filed a review petition before the Hon'ble Supreme Court in the case of Sainathan and as such his claim cannot considered 'at this stage'. In the midst thereof, by a memo dtd. 6/5/1991 Pawan was promoted in the MMG/S-II with effect from 6/5/1991. The said review petition was, however, dismissed on 15/3/1993 and thereafter Pawan again submitted repeated representations but in vain. Challenging such inaction Pawan preferred the writ petition which was initially allowed by an order dtd. 4/4/2002 observing, inter alia, that 'it is well settled principles of law that a similarly circumstanced person is entitled to such leave even without approaching the Court of law' and directing the respondents to grant adequate relief to Pawan 'which he is entitled to in the light of the decision of the Andhra Pradesh High Court as affirmed by the Supreme Court'. Challenging the said order PNB preferred an appeal being FMA 729 of 2004 and by an order dtd. 25/7/2007 the Hon'ble Appeal Court remanded the matter to the learned single Judge framing the following two issues as follows:

(3.) Pursuant to the said order, the learned single Judge re-heard the writ petition and passed the order dismissing the writ petition on 12/3/2013 which has been impugned in the present appeal.