HARJIT SINGH Vs. CANARA BANK

JUDGEMENT

(1.) The respondent-Bank was earlier represented by Mr. J.S. Shahpuri, Advocate. During the pendency of the writ petition, the said Advocate unfortunately expired and consequently vide order dated May 26, 1994, notice of this writ petition was ordered to be issued to the respondent-Bank. Respondent-Bank stands served.

(2.) A Civil Misc. Application No. 4971 of 1995 was moved by the petitioners for placing certain documents on record, which was allowed on May 5, 1995 and the learned counsel for the petitioners was directed to send the copy of the Misc. application along with the documents to the respondent-Bank, which, according to the learned counsel, were duly sent on May 6, 1995 by registered post. Nobody has chosen to put in appearance on behalf of the respondent- Bank. Consequently, I have heard learned counsel for the petitioners.

(3.) Brief facts leading to the filing of the present writ petition may be noticed. The petitioners were appointed as Class IV employees by Lakshmi Commercial Bank Ltd. Petitoner No. 1 was appointed on February 16, 1979 whereas Petitioner No. 3 was appointed on April 12, 1979. Though the date of appointment of Petitioner No. 2 in Class IV has not been mentioned in the writ petition, yet it is stated by the learned counsel for the petitioners that he was promoted to Class III on September 14, 1987. In accordance with the recruitment policy issued by the Lakshmi Commercial Bank on April 1, 1980, copy at Annexure P-2 the vacancies inthe posts of Cashier/Godown Keeper/Cashier-cum-Godown Keeper were to be filled in by promotion from the subordinate staff cadre to the extent of 25% of the Clerical recruitment. Such promotions were to be effected from those employees who had at least passed Matriculation examination from any written test . On October 20, 1982, the Lakshmi Commercial Bank issued a list of eligible members of subordinate cadre in the States of Punjab, Haryana, J&K, H.P. Area Office Chandigarh etc., who were to be promoted as Cashiers, Godown Keepers. There names were arranged in order of seniority (copy Annexure P-3). Petitioner No. 1 is at Sr. No. 13 whereas petitoner No. 3 is at Sr. No. 14. The name of petitioner No. 2 is not in the said seniority list. It may be observed here that under the Banking Nationalisation Act, 1971, the Lakshmi Commercial Bank was merged with the Canara Bank on August 23, 1985.