Sunil Kumar Trivedi vs State & Ors on 2 December, 2008

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            S.B.CIVIL WRIT PETITION NO.2628/2008


                      Sunil Kumar Trivedi
                               v.
                   State of Rajasthan & Ors.


       Date of Order           ::            2nd December, 2008


              HON'BLE MR.JUSTICE GOVIND MATHUR


Mr.   Rajesh Joshi      for the petitioner.
Mr.   Deepak Choudhary]
Mr.   Sanjay Kapoor   ]
Mr.   R.S.Shekhawat   ] for the respondents.

                                 ....



            To assail validity of the promotions given

to the respondents No.4 to 6 in the category of "D"

Grade-I   (Manager)      under      the      recommendations         of     the

Departmental       Promotion        Committee           that     met        on

27.11.2007, this petition for writ is preferred.



            The    facts     necessary          to   be    noticed         for

adjudication      of    this     petition        for      writ       are     as

follows:-



            The    petitioner        is       holding     the    post       of

Banking     Assistant      with         respondent        Pali       Central

Cooperative Bank Ltd., Pali. By a notification dated

10.8.1984,     the      Registrar,           Cooperative        Societies,

Rajasthan, while exercising powers under Rule 41 of

the    Rajasthan       Cooperative           Societies     Rules,          1966

(hereinafter      referred     to       as    "the   Rules      of    1966")
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prescribed rules for selection/promotion in all the

Central Cooperative Banks in State of Rajasthan. As

per   Anx."A"      to    the      notification           dated       10.8.1984       a

Banking Assistant is having an avenue for promotion

for Group "D" grade to the extent of 60% under the

criteria    of     seniority-cum-merit               and       40%       by    way   of

merit     alone.       By     a   subsequent             notification            dated

9.3.2005    the       Registrar,        Cooperative            Societies         while

exercising       powers       under     Rule        39    of    the       Rajasthan

Cooperative           Societies         Rules,           2003        (hereinafter

referred to as "the Rules of 2003") prescribed a fresh

criteria for recruitment to the posts in Grade "D". As

per the notification dated 9.3.2005 all the vacancies

relating to promotion in Group "D" are required to be

filled in as per the criteria of seniority only. The

respondent      Bank     convened         a    meeting         of    Departmental

Promotion        Committee         on         27.11.2007            to        consider

candidature of eligible candidates for the purpose of

promotion to the posts under "D" Grade from among the

Banking      Assistants.            The        Departmental               Promotion

Committee accordingly met on 27.11.2007 and choose to

recommend names of eligible candidates for the purpose

of promotion to "D" Grade posts as per the criteria

prescribed       by     the    Registrar,           Cooperative           Societies

under the notification dated 9.3.2005. Pertinent to

note here that the vacancies sought to be filled in

under     the      recommendations              of        the        Departmental

Promotion       Committee         which       met    on     27.11.2007            were

relating to the vacancy year of 2004-2005.
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               The    contention            of     the        petitioner             while

challenging          the         recommendations                  made         by     the

Departmental         Promotion         Committee            and    the    promotions

made    in     pursuant          thereto         is     that       the     vacancies

relating to the period prior to 9.3.2005 could have

been filled in as per the criteria prescribed under

the    notification         dated         10.8.1984         only    and        not      in

accordance      with       the      notification            dated     9.3.2005.         A

reliance is placed by the petitioner upon a Registrar,

Cooperative Societies letter dated 7.6.2005 (Schedule-

C with writ petition) clarifying that the vacancies

arising prior to 9.3.2005 should be filled in as per

the rules existing earlier.



               In reply to the writ petition it is stated

on    behalf    of    the      Bank       that    the       rules     relating         to

promotion      in     Group         "D"    from       the     cadre       of    Banking

Assistants were made applicable on 9.3.2005 i.e. in

the    vacancy       year      of    2004-2005,          therefore,            all    the

vacancies arising in the vacancy year of 2004-2005 are

rightly      filled       in      as      per     the       rules     notified         on

9.3.2005.



               Heard counsel for the parties.



               Precisely,           the    issue        for       adjudication         is

that    whether       the      vacancies          arising          even    prior       to

9.3.2005     but     in     the      vacancy       year       of    2004-2005         are
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rightly filled in as per the criteria laid down by the

Registrar,             Cooperative              Societies            under         the

notification dated 9.3.2005?



               The notification dated 10.8.1984 prescribing

mode      of     recruitment          to    various          posts     in     Central

Cooperative Bank nowhere prescribes any specific date

for determination of yearwise vacancies, however, the

notification dated 9.3.2005 refers that all existing

and anticipating vacancies required to be filled in by

way of promotion or by way of direct recruitment are

required to be computed on 31st of March of every year.

In   view      of    specific         provision         referred          above    i.e.

clause      (3)     of    the    notification            dated       9.3.2005       the

first occasion before the respondent Bank to determine

existing         and      anticipating           vacancies           as     per     the

notification           dated     9.3.2005         was    on     31.3.2005.          The

vacancies relating to the year 2004-2005, therefore,

in   no    way      could      have     been      determined          as     per    the

notification             dated        9.3.2005.         On     31.5.2005,           the

respondents            could      have          computed         existing           and

anticipating           vacancies        relating        to     the     forthcoming

year      i.e.      2005-2006.         As       such,    the     vacancies          not

determined          under      the     notification            dated        9.3.2005,

therefore, could have not been filled in under the

criteria laid down in the notification aforesaid. The

vacancies relating               to    the year         2004-2005          must have

been computed as per the provisions existing prior to

the notification dated 9.3.2005 and, therefore, those
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should   have      been    filled       in    in    accordance          with      the

criteria then existing.



            In     view    of    whatever          said      above,     I    am   of

considered       opinion     that      the     Departmental             Promotion

Committee erroneously adopted the criteria prescribed

under the notification dated 9.3.2005 to fill in the

vacancies     in     Group       "D"        from     among        the       Banking

Assistants.      The      consideration           for     promotion         by    the

Departmental        Promotion           Committee            which       met      on

27.11.2007 to consider candidature of eligible Banking

Assistants       for      promotion          in         Group     "D"       cadre,

therefore, deserves to be declared bad.



            Accordingly,          this        petition          for     writ      is

allowed.    The     criteria          adopted       by    the     Departmental

Promotion     Committee          which       met        on      27.11.2007        to

consider    candidature          of    the    Banking         Assistants          for

promotion    in     Group       "D"    posts       is     declared      illegal.

Accordingly, all orders of promotions made in pursuant

thereto stand quashed. The respondent Bank is directed

to hold a review Departmental Promotion Committee as

per the criteria applicable for promotion to Group "D"

posts from among the Banking Assistants as per the

notification dated 10.8.1984 (Schedule "A" to the writ

petition). A fresh meeting of Departmental Promotion

Committee to make promotions for the posts in question

is required to be convened within a period of four

months from today and till then the persons already
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promoted in Group "D" category shall be allowed to

continue as such.



          No order to costs.



                               ( GOVIND MATHUR ),J.

kkm/ps.