IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2916 of 2010 1. ARUN KUMAR DAS S/O SRI MAHESH KANT DAS VILL.- BARUHAM, P.O. AND P.S. BAHERA, DISTT.- DARBHANGA, PRESENTLY POSTED AS OFFICE ATTENDENT UTTAR BIHAR GRAMIN BANK, BAIJNATHPUR BRANCH, P.O. BAIJNATHPUR, P.S. SOUR BAZAR, DISTT.- SAHARSA 2. ANIL KUMAR S/O SRI SHIV NARAYAN RAM R/O SAHARSA, WARD NO.11, P.S. SAHARSA, DISTT.- SAHARSA, PRESENTLY POSTED AS OFFICE ATTENDENT, UTTAR BIHAR GRAMIN BANK, SOURBAZAR BRANCH, P.O. AND P.S. SOUR BAZAR, DISTT.- SAHARSA 3. ARBIND KUMAR YADAV S/O LATE SRI BHOLA PRASAD YADAV R/O VILL.- SUHATH, P.O. AND P.S. SOUR BAZAR, DISTT.- SAHARSA, PRESENTLY POSTED AS OFFICE ATTENDENT, UTTAR BIHAR GRAMIN BANK, SAHARSA BRANCH, P.O. AND P.S. AND DISTT. SAHARSA 4. NAVIN KUMAR CHOUDHARY S/O LATE SRI GAJENDRA NARAYAN CHOUDHARY R/O VILL.- BHAWANIPUR, P.S. BIRAUL, DISTT.- DARBHANGA, PRESENTLY POSTED AS OFFICE ATTENDANT, BHAPTIAHI BRANCH, P.O. AND P.S. BHAPTIAHI, DISTT.- SUPAUL 5. AWADH PANDIT S/O SRI SUKHRAM PANDIT VILLAGE AND P.O. SINGHLIA VIA FULPARAS, P.S. FULPARAS, DISTT. MADHUBANI, PRESENTLY POSTED AS OFFICE ATTENDANT, UTTAR BIHAR GRAMIN BANK, CHOUSA BRANCH, P.O. AND P.S. CHHOUSA, DISTT.- MADHEPURA 6. NATHUNI PASWAN S/O LATE SRI JHARILAL PASWAN VILL.- MALINAGAR THOHRA, P.O. MALINGAR PUSA, P.S.- CHAKMAISA, DISTT.- SAMASTIPUR, PRESENTLY POSTED AS OFFICE ATTENDENT, UTTAR BIHAR GRAMIN BANK, GATTAR BRANCH, P.S. BEHRA, DISTT.- SAHARSA Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF FINANCE DEPARTMENT OF ECONOMIC AFFAIRS (BANKING DIVISION), JEEVAN DEEP, NEW DELHI-1 2. NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT THROUGH DEPUTY GENERAL MANAGER STERLING CENTRE, SHIVESHAGAR ESTATEM DR. ANNIE BESANT ROAD, WORLI, MUMBAI-400018 3. THE ZONAL MANAGER CENTRAL BANK OF INDIA, PATNA 4. UTTAR BIHAR GRAMIN BANK KALAM BAGH CHOWK, MUZAFFARPUR, BIHAR THROUGH ITS CHAIRMAN 5. THE CHAIRMAN UTTAR BIHAR GRAMIN BANK, HEAD OFFICE, KALAM BAGH CHOWK, MUZAFFARPUR, BIHAR 6. GENERAL MANAGER UTTAR BIHAR GRAMIN BANK, KALAM BAGH CHOWK, MUZAFFARPUR, BIHAR 7. CHIEF MANAGER UTTAR BIHAR GRAMIN BANK, KALAMBAGH CHOWK, MUZAFFARPUR, BIHAR For the Petitioners M/s Uday Bhanu Roy, Ambrish Kr. Jha, Advocates - 2 - For the Bank :Mr. Ajay Kumar Sinha, Advocate 02/ 11.03.2010 Heard learned counsel for the petitioners and the counsel for the Sponsor Bank, namely, Central Bank of India, who prays for time to seek instruction from Uttar Bihar Gramin Bank, Respondent no.4, but considering the nature of the order, which this Court is proposing to pass, prayer of the learned counsel for the Sponsor Bank to seek further instruction from Respondent no.4 is refused. 2. Petitioners were initially appointed as Office Attendant in the Kosi Kshetriya Gramin Bank, Purnea. Later, Kosi Kshetriya Gramin Bank merged with the Uttar Bihar Gramin Bank, Muzaffarpur, Respondent no.4 whereafter petitioners have become the employees of Respondent no.4. They have filed this writ application questioning the correctness of Combined Seniority List of Office Attendant published by Respondent no.4 on 30.10.2009 circulated to all branches of the Bank under letter dated 26.11.2009, Annexure-6, as according to them the Combined Seniority List is contrary to the instructions of the NIT contained in award dated 30.4.1990, Annexure-3 paragraph 4.410 as also the circular/ guidelines of the NABARD circulated to all the branches of the Bank under letter dated 5.9.2008, Annexure-5. 3. It is submitted on behalf of the petitioners that in terms of the NIT award as also the circular/ guidelines of the NABARD, the Seniority of the Office Attendant(s) serving Respondent no.4 ought to have been reckoned with effect from the date of their continuous engagement in the Bank and not from the date of regularization, as has - 3 - been done in the Combined Seniority List. It is further submitted on behalf of the petitioners that before merger of the Kosi Kshetriya Gramin Bank, Purnea with Respondent no.4, petitioners had no occasion to challenge the Seniority position reckoned by Kosi Kshetriya Gramin Bank as seniority reckoned by the Kosi Kshetriya Gramin Bank did not affect the seniority position of the petitioners, but after merger when Combined Seniority List of all the Banks merged with Respondent no.4 has been published, occasion to challenge the same has arisen, as the same has been published contrary to the directions contained in paragraph 4.410 of the NIT award, Annexure-3 and the instructions of the NABARD circulated to all the branches of the Bank on 5.9.2008, Annexure-5. In this connection, it is further pointed out that before publication of the seniority list, petitioners had submitted their representation that while publishing the Combined Seniority List, seniority be reckoned with effect from the date of their continuous engagement and not from the date of regularization. Copy of the representation of petitioner no.1 is annexed herewith as Annexure-8 and is dated 12.9.2008 which has been addressed to the General Manager of Respondent no.4. Perusal of the copy of the said representation further indicates that it was received in the office of the General Manager of Respondent no.4 on the date of representation itself. It is further submitted that before publishing the Combined Seniority List dated 31.10.2009, the General Manager of Respondent no.4 did not consider the representation dated 12.9.2008, Annexure-8 and other similar representations filed by - 4 - others, including petitioner nos. 2 to 6. 4. Counsel for the Sponsor Bank has opposed the prayer. He states that the NIT award was published in the year 1990 and the grievance that seniority should be reckoned with effect from the date of initial engagement should have been raised earlier and not at this belated stage when the Bank is about to consider the promotion of the office attendants on the basis of the Combined Seniority List dated 31.10.2009. He further contends that the writ application has been filed only with a view to delay the promotion exercise, which is to be taken in the Bank so as to fill up the vacant positions, as on account of lack of clerical staff, branches are not functioning in the manner in which it is required to function. Further learned counsel for the Sponsor Bank submitted that from perusal of the covering letter appended with the Combined Seniority List itself, it will appear that representation either from the petitioners or any other employees of Respondent no. 4 was not received by the General Manager of Respondent no.4. 5. Having heard counsel for the petitioners and the counsel for the Sponsor Bank and having perused the contents of the NIT award, extracts whereof is annexed in the petition as Annexure-3 as also the circular/ guidelines issued by the NABARD for determining the inter-se seniority of officers and employees of amalgamated RRBs, Annexure-5, I am of the view that even in absence of representation from the petitioners, authorities of Respondent no.4 were obliged to publish the final Combined Seniority List in the light - 5 - of the direction of the NIT contained in paragraph 4.410 of the NIT award, extracts whereof is annexed with the writ petition as Annexure-3 as also the circular/ guidelines of the NABARD, Annexure-5, which require seniority to be reckoned with effect from the date of continuous engagement and not from the date of regularization. 6. In the circumstances, it is directed that the petitioners should file a fresh representation before Respondent no.4 setting out their case as to how Combined Seniority List is contrary to the instructions of the Industrial Tribunal contained in paragraph 4.410 as also the instructions/ guidelines/ circulars of the NABARD as circulated to the different branches of the Bank under letter dated 5.9.2008, Annexure-5 and the Bank is directed to dispose of those representations as early as possible, in any case within one month from the date of receipt of the representation. Meanwhile, any promotion made in the light of the Combined Seniority List dated 31.10.2009 shall be subject to the result of the representation filed by the petitioners annexing a copy of this order. 7. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)