R, EE TFé§E Kiwg‘i GQiiigT QF'JE’!§§I€§&T{?§E§E AT Bi3xz§€§i§§$R miweiitima m. Ilw mamga 1. Mam}. Aa'bsai‘ Khalil bf 0 Mahd YaSin Khan, agad 333011: 4O weam, Karcjrking as QEiiicez' $cale—1 in Sarguja Regional Rural Egilk, Branch Krighnapur? Kama} District— Sarguja£C .G.) . .. 2. Arvind Kumar Guptaa S] o Late Shri Ebola Prasad Gupta: aged about 4'2 yearS, working as; Qfficer Scale~ 1 in Sarguja Regional Rural Bank, Branch— Dharampui‘, DiStI‘ict— Sarguja(C.G,}. Sushil Kumar Mehm Sf o Late Shri NIKMehtc), aged. abaut 4G year& in $afg11ja warkiag Regional 95$ CliEcer Rural, gha'ia éank; 1 Branch- Amhikapmg District Sarguja{C .Ci‘ .3. Vi}10& Kumar ShaLfma 55/0 Silifi Budhi Pfaaad Shawna, aged about 42 years, working as Oflicer $cale~l in Earguja Regianal Rural. Bank; Branch,- Pand avpaya, Digtrict- KamaiQG .}. Viremira Kumar Ambasaht, S3; o Shri :‘fagciamba Prasad Ambam, agecl about 41 year‘s, wm‘king (01$ Omcer geaieml in Eimguja a Regional} Rurai Bank. Branch Kumd a. Diwrict» Sarguj aaiC . Cr .) . Iwmw r ‘ w RESPGI‘EDEN'EE : Sargqia Regiona1 Rural Bamk, ' ,fhrough w im Chairman, Head Office K‘umar Campkx, Mahamava Cémwk. 1%mbikapux‘ PWH‘TIONER E3 E?» if! MET EETITQE'WWER £REE§LE “32éi22? $F WE i3€§3§$TEW§E$E §F EEEEA §€5§ £3$§M§CE §¥ ¢% SmTgaBLE “‘ié‘é’Ei’iil §§iE§E§§ $§§ $31§E§§§$Ei§ w $$ £m$§§€§3€2 Egg TEEE .f )ir g1 *w w" XI—HC-22 14/01/2004: - Sh ri Pmshan‘r Mishra iearned :ounsei for The peTifioners. Shri Vinod Deshmukh learned counsel for The respondent Wi‘fh fhe consen‘r of boTh The counsel, The fewer is hearci finaHy. The pe‘l‘i‘rioners in This pe‘fi‘t'im filed under Ar‘ricies 226/22701" The Consnfufion of India seek fo issue wri'? of mandamus direci'ing The v responden‘rs +0 gran? seniori‘ry fa 'rhe petitioners on “the posT of Officer from Q1/10/1982 i.e. from fhe dafe of inifiai appoinfmen‘i‘ and The gradafion Iisf may be correii‘red and for a direcfion 1'0 The respondenf To gran? all consequen‘i ai benefiTs To The peTiTioner offer ’ fixdTion of Their s'enioriTy in The gro aTion iisT in accordance wiTh iaw. (2) Brief facTs of The case are aT The respondenT/Bank issued an adverTisemenT (Annexure—P/l) invi ing applicaTions from The eiigibie candidafes in The year 1982 fo fiiiing up The posTs of Branch Managers. The peTiTioners who w re fuiiy qualified and eligible for appearing in The said examinaTi n submiTTed Their form\Tor The 'compeTenT auThoriTy, ‘buT, howev r, aT The end of The selecTion process The peTiTioners were. give appoinTmenTTo The posT of Field Supervisor. In The year 1988 a gr aTion lisT of The Branch Managers \ Mew 00‘ V \Q§.Q}§;E 0% m ¢ g.— mmw£iww mmmW amrmm ‘ arid The Field Supervisors was pubiished and subsequen‘Hy The final gradafion iis‘r was published in 1' e year 1989. The Bank issued a Circuiar‘ on 19/02/1988 clari'fying he provisions regarding fixa‘rion of inTer se seniori‘ry. In The year 2 O a combined grada‘i'ion Jig? of fhe branch Managers and The FieLd Officers was pubiishe‘wia‘. In fhe grada‘rion Iisi' pubiished in The ye r 2000 The persons from Sr’ No.52 fo $2 were lower in 1'he meri‘r iisT ‘rhan fhe pe‘ri‘rioners' a1" +he ‘i'ime of original selecTion in fhe year 19 2' and yet They were appoinfed as Branch Manager and The peTiTione s were iliegaliy and arbiTrarily given appoinTmenT as Field Supervisor T ough They appeared in The selecTion process for selecTion of Branch M ager. (3) Learned counsel appearing for The peTiTioners submiTs ThaT The peTiTioners may be permiTTed To make represenTaTion challenging The l gradaTion lisT which will be considered on iTs own meriTs by The Bank/respondenT keeping} in view al aspecTs of The maTTer. (4 Having conidered The facTs and circumsTances of The case and wiThouT expressing any opinion cn The meriTs of The case, in The opinion of This CourT ends of jusTice will be served if The peTiTioners are permiTTed To make a deTailed represenTaTion along wiTh a copy of This peTiTion wiThin fifTeen days from Today before The compeTenT \ \ [HisW ) s XI-HC—22 ‘ a mm mm 'Wm f3Q3m %Wané¥l ‘ f"\ aufhoriTy/respondeni' and on suc shail be cansidered and decided as possibie preferably wifhin ‘l'w represenfafion in accordance wq TIH congidemTion of fhe r jeopardizing The inferes‘i' of ThJ passed The pe‘rifioners may avai‘ The * C ..n y _q\_d 1" . (5) Wi‘rh The direcTion afor Consequen'l'ly, M.(W.)P. Ne.37 0‘ disposea‘ of. / h represen‘i‘a‘rion being filed, fhe same by The compe‘ren‘r au‘rhorify as early 2 monfhs from The da‘re of receipt of Th law offer hearing The peTiTioners. represenTaTions, noTh’ihg) be done a peTiTione‘rs’ If anyodver'se order is remedy avaiiabie under The iaw. Tiii *esaid, This peTiTion is disposed of. F 2004 and LA. No.93 of 2004 sTqnd ,e Fakhruda'in Judge ' $dl.\ W [@éfan