PUNJAB NATIONAL BANK Vs. NAND KISHORE

JUDGEMENT

(1.) KURIAN Joseph, C.J 1. What is the impact of weightage on seniority is the issue arising for consideration in this case. The respondent -Bank is the appellant. The writ petitioner had approached this Court claiming the benefit of Annexure P -1, Circular issued by the appellant Bank. The Circular pertains to grant of weightage for Ex -servicemen re -employed in the Bank, in the matter of promotion. The area of dispute pertains to para (i) of the circular, which reads as follows:

(2.) THE petitioner became the Special Assistant on 18.3.1989. The petitioner claimed promotion to the post of JMG Scale -1 two years ahead of others, in the seniority channel. But, we find from Annexure R -3, settlement that the seniority channel promotion is limited to 20% for direct recruitment from outside and 30% from Senior Clerks including Special Assistants, subject to the availability of the earmarked vacancy against the said 20% and 30%. In the settlement, Clause 2 (c) provided that:

(3.) ACCORDING to the learned counsel for the petitioner, the benefit of Annexure P -1 is intended to give two years of seniority ahead of others. We are afraid that the contention cannot be appreciated. Seniority is one thing and the weightage is another thing. Weightage does not ensure to the benefit of seniority. What is intended and what is provided is not the seniority for the Ex -servicemen or other direct recruits, but only weightage of two years for the purpose of participation in the selection process for the 50% promotion quota. In other words, when Clerks/Special Assistants have to wait for a minimum period of four years for participating in the selection process for promotion, the Ex -servicemen need only to wait for two years. Nothing more and nothing less could be earned from Annexure P -1, Circular. We find from the judgment of the learned Single Judge that two years weightage has been taken as two years seniority, as is granted in Himachal Pradesh under the Demobilized Armed Personnel Forces Rules, 1972. That is not what is intended in the Circular. Therefore, we set aside the judgment of the learned Single Judge.