DUNGAR SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE petitioner Dungar Singh S/o. Sh. Bhanwar Lal applied for the post of Banking Assistant notified by the Central Cooperative Bank of State of Rajasthan, for which the respondent No. 3 - - Rajasthan Institute of Cooperative Education and Management (RICEM for short) was authorized to hold the examinations and prepare the merit list. The petitioner was at wait list No. 1 for 12 vacancies for respondent No. 4 - - Nagaur Central Cooperative Bank Ltd. represented by Mr. Suresh Charan. When 3 of the persons appointed for such 12 posts did not join the service vide communication Annex 10 dt. 31.10.2012, one of the post in General Category became vacant on account of non -joining of offer of appointment given to one Mr. Manvendra Singh and the petitioner Dungar Singh belonging to the OBC category could be so appointed against the unreserved General category and under the said list supplied to the respondent No. 4 - - Bank by RICEM along with communication Annex. 5 dt. 06.01.2012, the merit list was not operated by the respondent - - Bank for no valid reason and hence the present writ petition was filed by the petitioner seeking a direction to the respondent -Bank for operating the merit list and offer appointment to the petitioner on the post of Banking Assistant as he was in the wait list.

(2.) AFTER hearing both the learned counsels, a coordinate bench of this Court passed a detailed order on 18.09.2013. The same is quoted below for ready reference:

(3.) WITH the appointment now offered by the respondent -Bank to the petitioner and he joined the said post of Banking Assistant, the present writ petition could have been disposed of as having become infructuous, but the learned counsel for the petitioner, Mr. M.S. Panwar, submitted that the petitioner should be given the benefit of notional seniority atleast from the date of recommendation Annex. 5 dt. 06.01.2012 with the waiting list supplied to the respondent No. 4 -Bank by the RICEM and had the respondent No. 4 -Bank immediately given him the appointment operating the said waiting list, the petitioner could have joined the service as Banking Assistant at that point of time itself and this loss of period on account of reticent attitude by the respondent -Bank cannot deprive the petitioner of the benefit of notional seniority.