IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18200 OF 2011 Date:30.06.2011 Between:- P.Ramesh and others .. Petitioners And The Chief Executive Officer, District Co-operative Central Bank Ltd., Eluru, West Godavari District and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18200 OF 2011 ORDER: This writ petition is filed to issue a writ of mandamus declaring the action of the respondents in not considering the objections raised by the petitioners while finalizing the seniority list of V category employees as arbitrary and illegal and against the rules and regulations of Cooperative Central Bank, and set aside the impugned proceedings vide Rc.No.Estt/2011-12 dated 19.05.2011, and consequently direct the respondents to prepare revised seniority list. 2. The brief facts that are necessary for the disposal of the present writ petition may be stated as follows: Petitioner Nos.1 to 7 were appointed on compassionate grounds and petitioner Nos.8 and 9 were appointed on voluntary retirement of their parents, and their services were regularized by respondent No.1 bank between 1993 to 1999. On 03.02.2011, respondent No.1 issued a circular vide proceedings Rc.No.Estt/2010-11 stating that the President of the Bank has constituted a committee to prepare and finalize the seniority list for all the categories of the existing employees of the bank upto 31.12.2010. In the said circular, it has advised the committee to finalize and submit the seniority list for all the categories of the existing employees within stipulated period so as to place before the next Board Meeting. The Chairman of the Committee and Director of District Cooperative Central Bank Ltd., Eluru also convened a meeting with all V category employees and requested the employees to furnish necessary information with regard to fixing of seniority of all the category of employees. The petitioners made representations on 12.03.2011, 04.03.2011 and 02.05.2011 to respondent No.2 stating that all of them were directly appointed under V category and their services were regularized. Since the services of 48 NMRs were regularized vide proceedings No.Estt/98-99 dated 18.10.1998 after regularization of the petitioners’ services, while preparing the seniority list, the names of those 48 NMRs may be included after the names of the petitioners. Respondent No.1, without considering the requests of the petitioners, on 19.05.2011, has issued the impugned proceedings and again sought for objections from all the petitioners within 15 days from the date of receipt of the said circular. The seniority list of the existing employees in the respondent bank as on 31.12.2010 was also enclosed to the impugned circular. The respondents did not follow the rules and regulations or the petitioners’ oral and written representations while finalizing the seniority list. The petitioners submitted written objections to respondent No.1 with a request to prepare revised seniority list. Earlier, 41 Paid Secretaries of the respondent Bank filed W.P.No.3102 of 2000 for absorbing 48 persons prior to the petitioners contrary to G.O.1271 dated 08.08.1986 and it was disposed of on 29.07.2010 with an observation that no seniority list was prepared by the respondent bank and however, if the bank prepares and finalize the seniority list and if the unofficial respondents are shown over and above the petitioners in the said list, the petitioners are at liberty to challenge the same before appropriate forum. Since the list if finalized, there is every possibility to them to approach this Hon’ble Court at any point of time. Prior to preparing the seniority list, the petitioners raised several objections but the finalization committee did not notice and prepare the list. Even after finalization of seniority list also, the petitioners raised objections and requested to prepare revised seniority list but the respondent bank is intending to issue promotions as per their list, which is contrary to the rules and regulations of the Rules. The Government has issued G.O.Ms.No.623 dated 26.10.1978 F. & AD (COOP-IV) Dept for appointment on compassionate grounds. As per the circular memo in Rc.No.67080/87 CR.91 dated 01.08.1988, certain modalities are prescribed for recruitment for post of clerks under compassionate grounds. Except petitioner Nos.8 and 9, the remaining petitioners are appointed under compassionate grounds and hence, their services have to be regularized from the date of their appointment. Though the petitioners raised all the objections before the authority and requested to issue revised seniority list, the respondent Bank failed to issue any reply to them but intending to give promotions. 3. Learned Counsel for the petitioners contended that without considering the objections filed by the petitioners with regard to the provisional seniority list, respondent No.3 is preparing the final seniority list and therefore, prays to set aside the impugned proceedings. 4. On the other hand, learned Counsel for respondent Nos.1 and 3 contended that only provisional seniority list has been prepared and the final seniority list has not been finalized and therefore, the writ petition is premature. 5. The contention of the petitioners is that though they are seniors, they were shown below the juniors in the provisional list and for that purpose, they filed objections before respondent Nos.1 and 3 and that their objections not been considered. 6. In view of the fact that the final seniority list has not been prepared so far, respondent Nos.1 and 3 are directed to prepare the final seniority list by taking into consideration the objections filed by the petitioners with regard to the provisional seniority list. 7. With the above direction, this writ petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 30th June, 2011. Note:- Issue operative portion of the order by wire at party’s costs. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18200 OF 2011 Date:30.06.2011 AMD