RATTAN SINGH SANDHU Vs. PUNJAB & SIND BANK

JUDGEMENT

(1.) In the present writ petition under Article 226/227 of the Constitution of India, the petitioner seeks the benefit of notional promotions, increments, leave encashment, selection grade, fixation/revision of pay scales, revised pension/gratuity, arrears etc. alongwith interest @ 18% from the date when his junior Shri Indu Pal Singh has been granted promotions and other benefits to which he is also entitled to. The same is claimed in pursuance to the judgment dtd. 18/10/2006 passed by the learned Single Judge in CWP No.1093 of 1994, which has been partly upheld in LPA by the Division Bench and by the Apex Court vide order dtd. 19/12/2006 and 14/5/2009, respectively.

(2.) The defence as such taken by the respondents to deny the said relief is primarily that the petitioner was not serving as Junior Management Grade Scale-I (JMGS-I) on the cut-off-date i.e. 31/12/1976 and his case could not be considered for promotion by relaxing the condition of departmental examination. Resultantly, the claim of the petitioner on the strength that one Indu Pal Singh who was his junior and had been promoted has been denied. It has been pleaded that the said employee was promoted as Manager (MMGS-II) in the year 1993 after successfully qualifying the written test. The petitioner having been found ineligible under the special promotion drive could not be granted any benefits of promotion. Resultantly, the claim of the petitioner qua the employees as mentioned in paragraph No.24 of the petition, has been differentiated on the ground that they are not para-materia.

(3.) No order, as such, having been passed on the legal notice dtd. 29/10/2009 (Annexure P-13) served by the petitioner, has been brought on record and neither any specific policy as such or the terms of the policy have been referred to in the written statement. Resultantly, this Court does not think it fit to get into the controversy as such at this stage as there is no speaking order or application of mind by respondents apart from the denial of the claim in the written statement on the ground that the petitioner was not in service.