PARDEEP MANUJA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) VIDE this order, above mentioned three petitions would be disposed of as the controversy involved in all the cases is the same. Facts are to be taken from CWP No. 10685 of 1993.

(2.) CASE of the petitioners, in brief, is that they were working with the respondent -bank as Accountants. On 7.10.1982, bank notified certain vacancies for the posts of Managers. Petitioners applied for the said posts and were selected on 31.12.1982 and were appointed as officiating Managers. After coming in force of Officers' Service Regulations w.e.f. 1.1.1983, the existing cadres were re -categorized. In the seniority list for Middle Management Grade Scale -II, names of the petitioners were not shown but the officers, who were promoted later than the petitioners, were shown against Sr. No. 277 and below. Names of the petitioners were shown in lower category of officers i.e. Junior Management Grade Scale -I. S. Sainathan, who was similarly situated as the petitioners, filed a writ petition in the High Court of Andhra Pradesh for his proper categorization as Manager, Middle Management Grade Scale -II w.e.f. 3.2.1981. The said writ petition was allowed vide Annexure P -4. SLP filed against the said judgment was dismissed vide Annexure P -6. Case of the petitioners was covered by the decision Annexure P -4. Hence, the writ petitions were filed by the petitioners.

(3.) LEARNED counsel for the respondents, on the other hand, has submitted that the case of the petitioners was covered by the decision of the Apex Court in K.B. Sharma's case (supra). Further in the present case, the petitioners had been merely appointed as officiating Managers in their own pay scales vide order Annexure P -2. Therefore, petitioners could not be said to have been promoted as regular Managers and could not be granted seniority for the period they have worked as officiating Managers. S. Sainathan had submitted his representation within 30 days requesting for his placement in Scale II under the OSR. Petitioners had, however, not submitted any representation and had accepted their placements in Grade -I in the year 1984 and had accepted the seniority list circulated from time to time. Petitioners never objected to the seniority list issued from time to time, whereas, S. Sainathan had raised specific objection and had challenged the seniority list and had filed the writ petition in the year 1984, whereas, the petitioners had filed the present writ petitions in the year 1993. Petitioners were confirmed as Accountants on 15.11.1982 and were appointed as officiating Managers on 31.12.1982 in their existing scales. Hence, the writ petitions were liable to be dismissed.