CWP No.2569 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.2569 OF 2007 DATE OF DECISION: 04.04.2008 Avtar Singh .....PETITIONER VERSUS Oriental Bank of Commerce and others .....RESPONDENTS CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr.Sanjiv Bansal, Advocate for the petitioner. Mr. R.N.Lohan, Advocate for the respondents. HEMANT GUPTA, J. The petitioner has invoked the writ jurisdiction of this Court claiming promotion to the post of Junior Management Grade-1 by granting weightage of 2 years in his seniority having qualified examination of “Certificate of All India Institute of Banking & Finance Examination.” The petitioner joined the services of the respondent-Bank as Clerk-cum-cashier on 27.02.1986. He was promoted as Special Assistant in the month of March, 2003. Next promotion from the post of Special Assistant is to that of Junior Management Grade-1. The name of the petitioner appears at Sr.No.102 of the seniority list in the feeder cadre as on CWP No.2569 of 2007 2 31.03.2006. It is the case of the petitioner that on 09.08.2006, a circular was issued by the All India Oriental Bank Employees Federation intimating that 225 vacancies are to be filled up through promotion. 48 posts of officer cadre were reserved for Punjab State. The petitioner qualified the aforesaid examination on 21.07.2006. The claim of the petitioner is that having qualified such examination, he is entitled to the benefit of weightage of two years of seniority in terms of promotion policy Annexure P4. The only question which arises to be adjudicated upon is whether the petitioner having qualified the examination in July, 2006 is entitled to the weightage in respect of seniority list, which has been finalized as on 31.03.2006 in terms of Bipartite settlement dated 04.08.1995 (Annexure P7). It is the case of the petitioner that 30th September is the cut-off date and, therefore, the petitioner is entitled to weightage of two years for promotion to the post of Junior Management Grade-1.The petitioner relies upon clause 5 of the aforesaid Settlement, which reads as under:- “It is agreed that except for preparing seniority list of clerical/sub. Staff for promotion/officiating in higher position eligibility of Award staff for all types of promotions in terms of number of years of service, educational qualifications would be reckoned as on 30th September each year.” It is further contended by the petitioner that in terms of circular Annexure A1 dated 13.07.2005 and 03.07.2007, the eligibility condition is in fact reflected to be as on 30th September. On behalf of the respondents, it has been pointed out that CWP No.2569 of 2007 3 in terms of promotion policy dated 15.03.1980 (Annexure II) as amended vide circular dated 28.10.1993, the seniority list is to be prepared as on 31st March every year instead of the earlier practice of January each year. Therefore, the petitioner is not entitled to weightage of two years for the posts circulated, which are required to be filled up on the basis of seniority list on 31.03.2006. It is pointed out by the respondents that the settlement (Annexure P7) relied upon by the petitioner, is applicable in respect of all other matters except seniority for which the earlier settlement as mentioned in the written statement would be applicable. The relevant extract of the circular dated 28.10.1993 read as under: “PREPARATION OF SENIORITY LISTS. It is agreed that in partial modification of para 3 of Annexure II of the Settlement dated 8.3.1980 such lists depicting seniority as on 31st March will be made in April each year instead of January as heretofore. The present seniority list as on 31.12.1992 will continue to be in force upto 31.3.1994.” Having heard the learned counsel for the parties, we are of the opinion that the petitioner is not entitled to the weightage of two years in determining his seniority for filling up 48 posts, the process of which started after April, 2006. The Bipartite settlement relied up by the petitioner Annexure P7 is in respect of eligibility for promotions in terms of number of years of service, educational qualification except for preparing seniority list of clerical sub staff. Since the petitioner is claiming weightage of two years for determining his seniority, therefore, Clause 5 of such settlement is not helpful to the petitioner so as the weightage for having qualified the CWP No.2569 of 2007 4 examination is for the purpose of seniority. Therefore, the relevant cut-off date would be March 30 every year. Similarly, the eligibility conditions contemplated in Annexure A1 appended to the replication, are not the Rule of seniority. The petitioner is eligible for considering to the post of Junior Management Grade-1 even with seniority list at Sr.No.102 but his claim is for weightage of two years in determining his seniority. Therefore, the eligibility conditions cannot be relied upon by the petitioner for grant of weightage for the relevant selection. The earlier settlement of 1980 as amended in 1993 stipulates 31st March as relevant date for the purpose of seniority. Therefore, seniority having been determined as on 31st March, 2006, the petitioner cannot claim weightage of two years in the seniority list to claim promotion in the process initiated thereafter. Consequently, we do not find any merit in the present writ petition and the same is dismissed with no order as to costs. (HEMANT GUPTA) JUDGE ( MOHINDER PAL ) April 04, 2008 JUDGE jt