LPA No. 1261 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1261 of 2009 Date of Decision 19.07.2010 Yashpal -----Appellant Versus The Karnal Central Cooperative Bank Ltd. and others. ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. J.S. Maanipur, Advocate for the appellant. Mr. Jagdeep Singh, Advocate for the respondent No.1. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. Kumar, J. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 17.08.2010 passed by the learned Single Judge in C.W.P. No. 12095 of 2009. The learned Single Judge has recorded categorical finding that the appellant cannot claim the benefit of service for the purposes of seniority in respect of the service, which he has rendered in the respondent Bank, namely, Karnal Central Cooperative Bank Ltd., Karnal prior to his mutual transfer to Yamuna Nagar, Central Cooperative Bank. He was, subsequently transferred to the Karnal Central Cooperative Bank Ltd., Karnal on 28.02.1998 on his own request and after he agreed to loose his seniority. Accordingly, the date of his transfer on 28.02.1998 to the Karnal Central Cooperative Bank Ltd., was considered as his date of appointment by placing him at the tail-end of the seniority list LPA No. 1261 of 2009 -2- of clerks. The aforesaid result emerged after reading of Haryana Central Cooperative Banks' Staff Service (Common Cadre) Rules, 1975 . According to Rule 9.3(2)(d), if an employee is transferred on his own request to a post outside the cadre or come back to the Karnal Central Cooperative Bank Ltd., Karnal then on request, then such appointeee will have to loose his seniority and is to be placed at the tail-end. It was on his undertaking, as such that the order was passed by the Registrar, Cooperative Societies. The following para of the order dated 10.07.2006 passed by the Managing Director on the representation made by the appellant assumes significance, which reads thus: “The services of Sh. Yashpal were transferred to C.B. Karnal from C.B. Yamuna Nagar on his request and after getting the permission from the Registrar, Cooperative Society Haryana Chandigarh under Common Cadre Rules 9.3(2)(d) vide which he has agreed to loose his seniority as he was transferred from C.B. Panipat to C.B. Yamuna Nagar on his request.” In view of the above, we hold that the learned Single Judge has taken the correct view of the matter. The appeal does not warrant admission. Accordingly, the same is dismissed. (M.M. KUMAR) JUDGE (A.N. JINDAL) JUDGE July 19, 2010 Atul