MUNINDRA KUMAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The petitioner seeks quashing of letter dated 4.4.2011 issued by the H.R.D. Division (Selection Cell), Punjab National Bank, Head Office-New Delhi, wherein it is stated that as the petitioner was transferred oh his own request from Ara Circle to Muzaffarpur Circle on 5.9.2010, he disqualified himself for promotion to the post of JMG Scale-I for two years in view of extant provisions of Settlement arrived between All India PNB Employees Federation and Punjab National Bank Management on 13.10.2008. Before I take up the rival submissions of the parties for consideration, it would be relevant to notice the facts of the case, in brief. The petitioner joined the service of Punjab National Bank in 1992 on the post of Clerk-cum-Cashier at Tarari in the district of Bhojpur under Circle Office Ara. His wife, a Central Government employee, was posted in Muzaffarpur district. The petitioner as such made a request to the Bank in the year 1995 to transfer him to Muzaffarpur Circle. No action was taken by the Bank for about 15 years. In the year 2010, the HRD Division of Bank issued Circular No. 640, dated 21.7.2010 inviting application till 28.7.2010 from employees in Clerical cadre including Special Assistants for promotion as Officer in JMG Scale-I, whereby all such general category of employees who were in Clerical Cadre, were eligible to apply if they had passed Matriculation Examination and had completed 3 years service, as on the last date of receipt of application. The petitioner also applied pursuant to the said circular. It is not in dispute that the petitioner fulfilled the requisite conditions and was successful in the examination. The petitioner has been denied promotion on the ground that since he has been transferred on his own request from Ara Circle to Muzaffarpur Circle on 15.9.2010, he stood debarred for a period of two years from the date of reporting at Muzaffarpur Circle and as such his name did not find in the selection result declared on 18.11.2010.

(2.) In order to appreciate the issue, it would be relevant to notice the settlement dated 13.10.2008 arrived at between All India PNB Employees Federation and Punjab National Bank Management, modifying some of the earlier provisions of settlement dated 1.11.1998, 30.1.1997 and 24.12.2002. Paragraphs 7(d) of the Settlement provides that an employee who has been transferred on his own request would be debarred from posting/officiating chances, as Special Assistant for two years from the date of his reporting. As per paragraph 7(f) an employee who has been debarred from officiating/posting as Special Assistant shall also be debarred from officiating/promotion as officer in JMG Scale-I. Paragraphs 7(d) and 7(f) of the said Circular is quoted herein below:--

(3.) The case of the Bank is that the petitioner was transferred on his own request from Ara Circle to Muzaffarpur Circle on 15.9.2010 where he joined on 21.9.2010. Thus, as per circular dated 14.10.2010 (Annexure-3 to the counter affidavit), the petitioner stood debarred from posting/officiating as Special Assistant and as a consequence he debarred from officiating/promotion as Officer in JMG Scale-I. In view of the aforesaid circular, there cannot be any dispute that an employee who has been transferred on his own request cannot either officiate or be promoted as officer in JMG Scale-I. Besides this, the petitioner has an alternative remedy of appeal and he may take all these points before the Appellate Authority itself.