,y Bs Peiifioner Raigarh Keshetriya Gramin Babk Karmachari Sangh, Registration number 4273 though its Generai Seereiary, Arurs Kumar h4ishra, S/o. Shri Rajnarayan Mishra, aged about 46 years, occupation -Clerk in ehhattisgarh Gramin Bank Branch Bhupdeopur, Dist. Raigarh (CG). Respwidente Versus Chhattisgarh Gramin Bank, through its Genera! Manager, Controlling Office Raigarh, Station Road Raigarh (CG). Raigarh, District ^s. 2. The Chairman, ChhaSisgarh Gramin Bank, Head Offics -Choubey Colony, Recreation Road, Raipur, District Raipur 3. Union of India, througl Finance Department, Finance Work Section (Banking Section), NewDeihi. 4. Generai Manager, State Bank of India, (Regjonai Rura! Bank Department), Regiona! Head Office, Arera Colony, Bhopai (MP). 5 General Manafler, Nationai Bank of No.C24, G Biock, Bandra, Kuria ComDlex, Mumbai (MS). 8. Assistant Labour Commissioner ., (Central), Torwa Main Road, Bilaspur, District Bilaspur (CG). Petitlon under Article 226 of the Constitution of India) s'bieMr. Satish K. Agnihotri, J. ,*~'R ;3u-fc;i Present: Shri Shaitendra Soni counssi for the petitloner. Shri Raghavendra Pradhan, counsel for the respondents No. 3 and 7. »th Passed on this 27"' day ofAugust, 2S08) STiSi^^'.^'^-,^. '"ll; Isi JB :i'i.:Ti-1^' ^ — I- By this petition, the petltioner/Sangh seeks the following reliefs: "1. That this Hon'bie Court may kindiy be pleassd to issus a writ in the nature of Mandamus commandlng the respondents authority to producs the enfire records teading to issuance of the present writ peiition, for its 2. That this Hon'bie Court may kindiy be pleased to issue a writ in the nature of Mandamus direeting the respondents to consider the empioyees i.8., Cierk to Ciass 1 officer & I^QgganQar^ f^ CISfR f0r pr0m0ti0n of to Droyld$ snv other benefit as Assured Promotion Scheme. 3. That this Hon'bie Court may kindiy be pleased fo issue a writ in the nature of mandamus directing the respondents lieu ot of their to pay the consequentiai benefits arrears ir promotion to the employees from the date eiiaibiiitv. 4. That anyother aitemative writ or wriis, order or orders, direction or directlons, aiso please 'oe issued.' thought 8xp8die.it a,"d just may 2) The facts, in brief, as projected by the petitioner/Sangh are thatthere is no scheme for grant of Kramonnati in the event the members of the petitioner- Ssngh were not promoted to the higher scale. The Regionai Rurai Banks (Appointment and Promotion of Officers and other employees) Ruies, 1998 provide promotion on the basis of seniority-cum-merit. The members of ths pefitioner-Sangh are working since 1 S83 without promotions. 3) It is trite !av»' that the High Court in exercise of its extraordinary jurisdiction cannot direct the respondent authorities to frame scheme or to create posts for promoting the employees to higher post. Ruies are framed which have iaken care of the promotionai avenues subject to avaiiabiiity of vaeant posts. There is no complain of infraction of any legal or statutory right, which is sought to be enforeed through writ petition. The requirsment of members of the petitioner-Sangh on promoted post is within the jurisdiction of the smployer. The Court cannot foree the employer to create posts to accommodate the empioyees after compietion of certain years. There is no grievance that any other similariy situated persons, ignoring the ciaim of the rt -3>- petltioner-Sangh or members of the petitloner-Sangh, have been promoted. Thus. there is no merit in the case. 4) Accordingly, the petition is ;^-^D°l ^0^^ ^ss.