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High Court of Punjab and HaryanaCWP/2665/1996disposed of

Amar Singh v. Hisar Sirsa Kshetriya Gramin Bank & ORS

2016-03-11Mrs. Justice Raj Rahul Garg2 pages

CWP No. 2665 of 1996 (O&\M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 2665 of 1996 (O&M) Date of Decision:- 11.03.2016 Amar Singh Patlan ....Petitioner

Versus

Hissar Sirsa Kshetriya Gramin Bank and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Tribhuwan Dahiya, Advocate for the petitioner.

Mr. G.S. Bajwa, Advocate for the respondents.

**** RITU BAHRI, J. (Oral) Petitioner has joined the service under the administrative control of the respondent(s) on the post of officer cadre. In pursuance of selection-cum-merit list, which was prepared on 28.10.1985 (Annexure P-1), the petitioner was selected for the post of officer cadre. The name of the petitioner was mentioned in the list of 11 candidates, which was of scheduled caste candidates. After joining the service, the respondent-Bank issued a seniority list of the officers as stood on 31.03.1991 (Annexure -2), vide circular dated 01.10.1991, in which, the name of the petitioner was shown at Sr. No.1. Subsequently, a seniority list of officers was finalized vide circular dated 21.09.1995 and the petitioner was shown at Sr. No.20 by taking his date of joining as 15.11.1987.

NARESH KUMAR 2016.04.04 13:52 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 2665 of 1996 (O&\M) -2The grievance of the petitioner is that he had been joined the services along with candidates, namely, Yogesh Sharma, Satya Narain and Jaspreet Kaur on 15.11.1985 but he has been placed at Sr. No.20 by wrongly taking his date of joining as 15.11.1987. Learned counsel for respondents has not disputed the fact that the petitioner has joined on 15.11.1985 and the date of appointment has been wrongly mentioned in the seniority list (Annexure P-4). Reference can be made to Rule 13(v) of the Regional Rural Banks Revised Draft Model Officers and Employees Service Regulations, which reads as under: - "The inter-se seniority of officers or employees directly recruited in a batch to any cadre or scale shall be reckoned with reference to the rank allotted to them at the time of their selection.

Provided that if officers or employees recruited under the general or reserved categories are allotted to the Bank, the inter-se seniority amongst the candidates so allotted who joined on the same date shall be determined in accordance with the marks obtained by such candidates without adding notional marks for the reserved category."

Perusal of the above-said rule makes it clear that the seniority list is required to be reframed by considering the case of the petitioner. In view of above facts and Rule 13(v) of the Regional Rural Banks Revised Draft Model Officers and Employees Service Regulations, the present petition is disposed of by giving directions to the respondentBank to revise the seniority list (Annexure P-4), by treating the date of joining of the petitioner as 15.11.1985. Thereafter, the consequential benefits shall be released to the petitioner within a period of three months from the date of receipt of certified copy of this order. March 11, 2016 ( RITU BAHRI ) naresh.k JUDGE NARESH KUMAR 2016.04.04 13:52 I attest to the accuracy and integrity of this document Chandigarh