BHAGWAN DASS Vs. RAILWAY SHRAMIK SAHAKARI BANK LTD

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution, the petitioner Bhagwan Dass has sought the quashing of the Order Annexure- 7 dated 25. 8. 1989, whereby the petitioner was asked to pay back the consequential benefits which had been paid to him on 13. 10. 1987 and it has been held that he is not entitled to any retrospective arrears benefits of his promotion.

(2.) THE case of the petitioner is that initially, he was appointed as Daftery in the respondent Bank (Railway Shramik Sahakari Bank Ltd. , Bikaner) and was promoted on the post of Lower Division Clerk in the year 1982. Later, certain departmental enquiries were initiated against him and certain punishments were imposed on him. It is alleged that a post of Upper Division Clerk fell vacant on 12. 12. 1983 and so, the petitioner, being senior most L. D. C. entitled for promotion made a representation on 20. 12. 1983 for his promotion on the post of U. D. C. As no action was taken on his representation for a sufficient time, the petitioner approached the Deputy Labour Commissioner, Bikaner but he too did not give any fruitful result to the petitioner. He than approached the joint Registrar, Co-operative Societies under Sec. 75 of the Rajasthan Co-operative Societies Act. During the pendency of those proceedings, the respondent Bank impressed upon the petitioner that if he withdraws his petition pending before the joint Registrar, Co-operative Societies, than he will be given all benefits. However. the petitioner withdrew the proceedings pending before the joint Registrar, Co-operative Societies and the respondent Bank granted promotion to the petitioner with effect from 12. 12. 1983 vide its Order dated 28. 9. 1987 on the basis of the enquiry report of the Sub-Committee. THE penalty imposed against the petitioner was set aside and he was paid all consequential benefits vide order Annexure-6.

(3.) I have heard Mr. S. L. Jain, the learned counsel appearing for the petitioner and Mr. D. S. Shishodia, the learned counsel for the respondent Bank.