REGENT COMPUTRONICS PVT. LTD.

Rajnish Pareek Appellant

V/S

Bhilwara Respondents

Referred Judgements :-

DIRECT RECRUIT CLASS II ENGINEERING OFFICERS ASSOCIATION V. STATE OF MAHARASHTRA AND OTHERS [REFERRED TO]
<RC>1998(2) S.C.T. 271 : 1997(2) RAJASTHANLR 715 : 1998(1) RLW 74 : 1998(2) W.L.C. 262</RC> RAJASTHAN HIGH COURT <JGN>B.S. CHAUHAN</JGN> <AT>S.B. CIVIL WRIT PETITION NO. 612 OF 1991.</AT> 16.10.1997 16.10.1997 RAJNISH PAREEK BHILWARA VERSUS <ADV>M. MRIDUL,R.S. SALUJA,M.S. SINGHVI,MANOJ BHANDARI</ADV> <SI> <ACT>CONSTITUTION OF INDIA</ACT> <S>ART.226</S> <ACT>BHILWARA- AJMER KSHETRIYA GRAMIN BANK (STAFF) SERVICE REGULATIONS,1985</ACT><S>RG.13</S> <ACT>REGIONAL RURAL BANKS ACT,1976</ACT><S>S.30</S> <ACT>U.P. HIGHER JUDICIAL SERVICE RULES,1975</ACT><S>R.26</S> BHILWARA-AJMER KSHETRIYA GRAMIN BANK (STAFF) SERVICE REGULATIONS,1985,REGULATION 13(3) - CONSTITUTION OF INDIA [REFERRED TO]
RANENDRA CHANDRA BANERJEE VS. UNION OF INDIA [REFERRED TO]
STATE OF PUNJAB VS. DHARAM SINGH [REFERRED TO]
T G PILLAI VS. INDIAN INSTITUTE OF TECHNOLOGY GUINDY MADRAS [REFERRED TO]
E P ROYAPPA VS. STATE OF TAMIL NADU [REFERRED TO]
HARI SINGH MANN VS. STATE OF PUNJAB [REFERRED TO]
S B PATWARDHAN K V RAMKRISHNA VS. STATE OF MAHARASHTRA:STATE OF GUJARAT [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED TO]
DHANJIBHAI RAMJIBHAI VS. STATE OF GUJARAT [REFERRED TO]
OM PARKASH MAURYA VS. U P COOPERATIVE SUGAR FACTORIES FEDERATION LUCKNOW [REFERRED TO]
M K AGARWAL VS. GURGAON GRAMIN BANK [REFERRED TO]
KUMARI SHRILEKHA VIDYARTHI VS. STATE OF UTTAR PRADESH [REFERRED TO]
A N SEHGAL VS. RAJE RAM SHEORAN [REFERRED TO]
O P GARG VS. STATE OF UTTAR PRADESH [REFERRED TO]
INDIAN ADMINISTRATIVE SERVICE S C S ASSOCIATION U P NIROTHILAL GUPTA VS. UNION OF INDIA [REFERRED TO]
AKHIL BHARTIYA SOSHIT KARAMCHARI SANGH VS. UNION OF INDIA [REFERRED TO]

JUDGEMENT

(1.) In the instant case, petitioner has challenged the vires of the provisions of Clause (3) of Regulation 13 of the Bhilwara- Ajmer Kshetriya Gramin Bank (Staff) Service Regulations, 1985, hereinafter called as 'the Regulations' framed by the respondent Bank in exercise of powers conferred upon it by the provisions of Sec. 30 of the Regional Rural Banks Act, 1976, which indirectly/impliedly links up the seniority of an employee with the date of confirmation.

(2.) Petitioner was appointed as the Officer of the respondent Bank vide appointment letter dated 2.2.1985 on probation for a period of two years. The probation was extended for six months vide order dated 11.2.1987. Under Regulation 8 of the said Regulations, two years probation period can be extended for a further period of one year. However, he stood confirmed vide order dated 16.1.1988, which provided for confirmation with retrospective effect i.e. with effect from 16.8.87. The grievance of the petitioner is that while determining inter-se seniority of the officers appointed in the same batch, his seniority has been determined according to the provisions of clause (3) of Regulation 13 of the Regulations.

(3.) Regulation 13 reads as under:

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RAJNISH PAREEK Vs. BHILWARA

Referred Judgements :-

JUDGEMENT

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