MANOJ KUMAR PATI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner, who was working as Head Assistant in the State Bank of India, Tulasipur Branch, Cuttack, has filed this writ application challenging the communication made to him in Annexure -1 dated 24.8.2000 intimating therein that his representation for promotion to officers cadre has been declined and he has been permanently debarred from promotion to higher cadre.

(2.) CASE of the petitioner is that he was initially appointed as Clerk -cum - Cashier on 5.2.1982 and his post was subsequently re -designated as Clerk with effect from 12.4.1985. In 1988, he was promoted to the post of Head Assistant and was posted in Tulasipur Branch. He appeared in the departmental examinations in terms of the Bank's guidelines and came out successful. Thereafter, he was promoted to the officer's grade i.e. Junior Management Grade Scale -I on 28.8.1998 with effect from 1.8.1997. Because of several domestic problems, the petitioner was constrained to request the bank that he was prepared to forego promotion and the said representation of the petitioner is dated 7.10.1998 annexed to the writ application as Annexure -3. Without accepting the said representation, the petitioner was posted as Assistant Manager (Cash) at Chhanagiri Branch and was relieved under Annexures -4 and 5. Even after giving promotion to the petitioner and posting him at Chhanagiri Branch in the officers cadre, a decision appears to have been taken on 11.1.1999 to accept the request of the petitioner in Annexure -3 to forgo promotion subject to the condition that the petitioner shall be permanently debarred from getting out of cadre promotion and he should not be permitted to officiate out side the cadre permanently. Before the said decision was communicated to the petitioner, another representation was filed by him on 20.1.1999 praying for withdrawal of the representation in Annexure -3 foregoing promotion and permit him to continue in the promotional post. In the mean time the petitioner was reverted to the post of Head Clerk on 7.4.1999 on the basis of his representation dated 7.10.1998. Thereafter he made another representation to continue in the promotional post. The said representation was rejected in Annexure -1.

(3.) A counter affidavit has been filed by the Bank but most of the averments made in the writ application are not disputed. It is the stand of the Bank that while working as Head Assistant in Tulasipur Branch, the petitioner by order dated 9.10.1998 was posted as Assistant Manager(Cash) in Junior Management Grade Scale -I at Chhanagiri Branch. The petitioner joined in the promotional post on 18.1.1999 and submitted another representation on 20.1.1999 requesting the Bank to treat his earlier representation dated 7.10.1998 foregoing his promotion to the officers cadre as withdrawn and to permit him to continue as an officer of the Bank. On 11.1.1999, a decision was taken to revert the petitioner to lower cadre on the basis of his representation dated 7.10.1998 and, accordingly by letter dated 16.1.1999 the Zonal Office of the Bank was advised to act accordingly. Therefore, the petitioner was relived from Chhanagiri Branch on 7.4.1999 to continue as Head Assistant at Tulasipur Branch from where he had been promoted to the officer cadre. While accepting his representation dated 7.10.1998 praying for foregoing promotion, it was made clear to the petitioner that he would be debarred from further promotion as per the Bank's Policy and, accordingly, communication in Annexure -1 was made. Further stand of the Bank is that it acted upon the representation of the petitioner dated 7.10.1998 on the said condition and, therefore, the petitioner cannot have any grievance now in challenging the communication made to him in Annexure -1.