IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 36 of 2004. Decided on: 3rd May, 2010. Punjab National Bank & ors. ….. Appellants. Versus Nand Kishore and another. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. Whether approved for reporting? Yes. For the petitioner : Mr. A.K. Rattan, Advocate. For the Respondents : Mr. H.K. Paul, Advocate, for respondent No.1. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) What is the impact of weightage on seniority is the issue arising for consideration in this case. The respondent- Bank is the appellant. The writ petitioner had approached this Court claiming the benefit of Annexure P-1, Circular issued by the appellant Bank. The Circular pertains to grant of weightage for Ex-servicemen re-employed in the Bank, in the matter of promotion. The area of dispute pertains to para (i) of the circular, which reads as follows: “(i) Ex-servicemen employed in the bank may be allowed the benefit of their past service in defence in respect of computing minimum length of service for 2 promotion from subordinate cadre to clerical cadre and from clerical cadre to JMG Scale-1 the post of Accountant as well as Cash Officers.” 2. The petitioner became the Special Assistant on 18.3.1989. The petitioner claimed promotion to the post of JMG Scale-1 two years ahead of others, in the seniority channel. But, we find from Annexure R-3, settlement that the seniority channel promotion is limited to 20% for direct recruitment from outside and 30% from Senior Clerks including Special Assistants, subject to the availability of the earmarked vacancy against the said 20% and 30%. In the settlement, Clause 2 (c) provided that: “50% of the vacancies in the promotion cadre will be on the basis of written test and interview, from the employees in the clerical cadre, including Special Assistants, who are at least Matriculate and have put in at least 4 years service in the Clerical Cadre and have a minimum of 8 priority marks……..” 3. The simple and straight understanding of the provision for recruitment would only mean that Ex-servicemen need only to wait for two years after becoming Clerks or Special Assistants for competing for the 50% quota whereas others will have to wait for four years. 4. According to the learned counsel for the petitioner, the benefit of Annexure P-1 is intended to give two years of seniority ahead of others. We are afraid that the 3 contention cannot be appreciated. Seniority is one thing and the weightage is another thing. Weightage does not ensure to the benefit of seniority. What is intended and what is provided is not the seniority for the Ex-servicemen or other direct recruits, but only weightage of two years for the purpose of participation in the selection process for the 50% promotion quota. In other words, when Clerks/Special Assistants have to wait for a minimum period of four years for participating in the selection process for promotion, the Ex-servicemen need only to wait for two years. Nothing more and nothing less could be earned from Annexure P-1, Circular. We find from the judgment of the learned Single Judge that two years’ weightage has been taken as two years’ seniority, as is granted in Himachal Pradesh under the Demobilized Armed Personnel Forces Rules, 1972. That is not what is intended in the Circular. Therefore, we set aside the judgment of the learned Single Judge. 5. However, we make it clear that taking note of the date on which the petitioner became Senior clerk/Special Assistant, he should be considered for promotion against the 30% quota, reserved for Clerks including Special Assistants, which is only on the basis of seniority-cum-absence of demerits. In case this has not been done, the Bank will examine the records and rectify the mistakes, if any, committed in not considering the petitioner against 30% 4 quota reserved for Senior Clerks/Special Assistants in the order of only seniority subject of course to the absence of demerit. The needful, if not already done, shall be done within one month from the date of production of a copy of this judgment. The appeal is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 3rd May, 2010. ( Justice R.B. Misra), (tr) Judge.