BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are working as Junior Clerks in the Gurdaspur Central Cooperative Bank. They have a two-fold grievance. Firstly, hey challenge the seniority list issued by the respondent-Bank vide its letter dated November 7,1991, by which Respondent No. 5 to 22, who had been initially recruited as Supervisors in the pay scale of Rs. 80-140 while the petitioners had been recruited as Junior Clerks in the pay scale of Rs. 240-510, have been shown senior to them. Secondly, the petitioners impugn the order dated April 8,1992, by which Respondent Nos. 5 to 22 have been promoted as Senior Clerk, Mr. Khoji, Learned counsel for the petitioners, submits that the action of the respondents in treating the respondents as seniors to the petitioners is violative of Articles 14 and 16 of the constitution. He submits that by the impugned orders issued by the Registrar and the Bank, unequals have been treated as equals. He further submits that since the respondents are junior to the petitioners, they could not have been promoted without the consideration of the claims of the petitioners.

(2.) Mr. D.V. Sharma, learned counsel for Respondent-Bank points out that the seniority list issued by the Bank vide letter dated November 7,1991 is still tentative. It has not been finalised so far in spite of the fact that a period of more than three years had already elapsed. He further submits that even the promotions of respondent Nos. 5 to 22 are subject to the finalisation of the seniority by the Bank. Mr. Kang, appearing for Respondent Nos. 5 to 22, accepts this petition.

(3.) In view of the fact that the list is still tentative, it is not necessary for me to examine the contentions raised by the learned counsel for the petitioners. In the circumstances of the case, it appears to be just and reasonable to direct respondent No. 4 to finalise the seniority list after considering the objections raised by the various persons. Mr. Sharma, appearing for the respondent-Bank states that the needful shall be done within six months from today. The promotions of Respondent Nos. 5 to 22 shall abide by the final position in the seniority list and in the event of the petitioners becoming senior to any of the respondents, the claim of the concerned petitioners shall be considered in accordance with law.