CWP No.17017 of 1989 1 IN THE HIGH OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17017 of 1989 Date of Decision: 5.07.2010 Kurukshetra Kandriya Sahkari Banks of Mini Bank Manager Sangh. ..Petitioners Vs. The Registrar, Co-operative Societies, Haryana & Anr. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.Amit Chopra, Advocate, for the petitioner. Ms.Sushma Chopra, Addl.A.G., Haryana. --- Vinod K.Sharma,J. (Oral) This writ petition by Kurukshetra Kandriya Sahkari Banks of Mini Bank Manager Sangh, Kurukshetra, has been filed seeking a writ in the nature of mandamus directing the respondents to consider and promote the members of the petitioner Union to the posts of clerks against the quota meant for the Secretaries/Mini-Bank Managers retrospectively with effect from the dates vacancies meant for Secretaries/Mini Bank Managers became available. The petitioner also sought a writ of prohibition restraining the respondents from filling up the vacancies meant for the said CWP No.17017 of 1989 2 categories by way of direct recruitment during the pendency of this writ petition. Brief facts giving rise to the filing of the writ petition read as under: That the posts of Secretaries/Mini Bank Managers carry a Pay scale of Rs.400-790, whereas the clerks are in the pay scale of Rs.540-1050. According to Rule 6.4 of the Common Cadre Rules, it was provided that 70% posts of clerks shall be filled by way of direct recruitment and 30% by promotion. Out of 30%, 25% posts of clerks is to be filled from Secretaries/ Mini Bank Managers and 5% posts from amongst Daftaries/peons. According to the rule the peons who have passed the Matriculation examination and have 3 years experience are eligible for promotion to the posts of clerks against 5% quota. Rule 6.4 of Common Cadre Rules read as under: “6.4 Appointment to various posts under different categories shall be in the following ratio: Category Percentage for Promotion Direct Recruitment Senior Accountant 75 25 Junior Accounts 75 25 Clerks 30* *(25 from Secretaries and 5 from Daftaries/Peons) Note: A seniority list of such peons will be prepared who have passed Matriculation Exam. and have 3 years experience for CWP No.17017 of 1989 3 promotion to clerks against 5% quota.” The case of the petitioners was that the bank is making appointment of clerks on ad-hoc basis and thereafter regularizing their services and in this way the petitioners are denied right of promotion to the posts in violation of Rule 6.4. Action of the respondents was claimed to be illegal, arbitrary and discriminatory and in violation of principles of natural justice as well as statutory Rule 6.4. Written statement was filed on behalf of respondent No.2, wherein a preliminary objection was taken that the petitioners had earlier moved this court by filing CWP No.955 of 1987 which was disposed of by this court on 2.3.1987. However, this material fact was concealed by the petitioners. On merit, averments made in the petition were disputed. The position of appointment by promotion and direct recruitment was disclosed as under:- “Position of Clerical staff appointed by promotion or Direct Recruitment upto 31.3.90. Part-I position as on 2.3.75 Total posts Direct recruitment By Promotion filled Secretaries Peon etc. Secretaries Peon etc. 64 57 -- 7 CWP No.17017 of 1989 4 Part-II position as on 3.3.75 to 30.9.79 45 36 -- 9 Since the Secretaries who become eligible for promotion after 30.9.79 due to completion of their 3 year service in 9/79 hence they cannot be allowed promotion. So the promotion was given to all eligible IV Class employees and no other class-IV eligible employees was available as on the respective date of promotion. From 1.10.1979 to 30.6.1981: No recruitment was made Part-III position as on 1.7.81 to 31.3.90 107 63 35 9 --- Secretaries as on 31.3.99 Sanctioned Strength 209 a) Regular Secretaries 175 b) Adhoc Secretaries 17 Clerks as on 31.3.90 Sanctioned Strength 172 a) Regular Secretaries 120 b) Adhoc Secretaries 30 Promotion from secretary to Clerks: 35” CWP No.17017 of 1989 5 A positive stand was taken by Managing Director that the Secretaries/Mini Bank Managers and other IV Class employees are being promoted according to Rules. This fact is not disputed. Writ petition was filed in the year 1989. It is not disputed that possibility of petitioners being absolved/promoted to the posts of clerk and having retired cannot be ruled out. This writ petition, therefore, has been rendered infructuous. Disposed of accordingly. 5.07.2010 (Vinod K.Sharma) rp Judge