IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12095 of 2009 DATE OF DECISION : 17.08.2009 Yashpal .... PETITIONER Versus The Karnal Central Cooperative Bank Ltd., Karnal and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Jaspal Singh Maanipur, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. The petitioner, who is working as Clerk in the Karnal Central Co-operative Bank Limited, Karnal (hereinafter referred to as `the Karnal Central Co-operative Bank'), has filed the instant petition for quashing the order dated 19.7.2006 (Annexure P-10), whereby claim of the petitioner to fix his seniority in the cadre of Clerks and Grade A Secretaries of the Karnal Central Co-operative Bank, by taking the date of his joining in the bank i.e. 23.1.1989, instead of the date on which he was transferred from the Yamuna Nagar Central Co-operative Bank to the Karnal Central Co-operative Bank i.e. 28.2.1998, has been rejected. In the present case, the petitioner joined as Clerk in the Karnal Central Co-operative Bank on ad-hoc basis on 23.1.1989. On 17.1.1990, his CWP No. 12095 of 2009 -2- services were terminated. He challenged his termination order by filing CWP No. 957 of 1990, wherein operation of the termination order was stayed. Subsequently, the petitioner was re-instated vide order dated 7.2.1990. Thereupon, he got the aforesaid writ petition dismissed as withdrawn on 22.10.1992. In the year 1994, the Karnal Central Co-operative Bank was bifurcated, due to creation of new District, Panipat. The services of the petitioner were transferred to the Panipat Central Co-operative Bank. On 24.2.1997, services of the petitioner were regularised as Clerk in the Panipat Central Co-operative Bank with effect from 1.4.1994. Thereafter, in a mutual transfer, the petitioner got himself transferred to the Yamunanagar Central Co-operative Bank. Subsequently, on 28.2.1998, on the request of the petitioner and after getting permission from the Registrar Co-operative Society Haryana, Chandigarh, under Common Cadre Rules 9.3 (2) (d), the petitioner was transferred from the Yamunanagar Central Co-operative Bank to the Karnal Central Co-operative Bank, whereby he agreed to loose his seniority. In view of the aforesaid consenting order, in the seniority list of Clerks and Grade A Secretaries, as on 31.12.2005, seniority of the petitioner in the Karnal Central Co-operative Bank was fixed by taking his date of joining in the said bank as 28.2.1998. The petitioner filed representation for fixing his seniority by taking his date of joining as 23.1.1989. It was stated that one Anil Kumar, who was also appointed in the Karnal Central Co-operative Bank along with the petitioner in the year CWP No. 12095 of 2009 -3- 1989, has been given seniority over and above the petitioner. The said representation has been rejected by the Karnal Central Co-operative Bank, vide order dated 19.7.2006. Hence, the instant petition has been filed by the petitioner. In the impugned order dated 19.7.2006, copy of which has been annexed as Annexure P-10, it has been mentioned that as far as Anil Kumar is concerned, he was initially appointed in the Karnal Central Co-operative Bank and his services were regularised there. He was not transferred to the other Central Co-operative Bank. Regarding the petitioner, it has been mentioned that though initially, he was appointed in the Karnal Central Co- operative Bank, but on bifurcation, his services were transferred to the Panipat Central Co-operative Bank and thereafter, with mutual consent, he was transferred to the Yamunanagar Central Co-operative Bank. Subsequently, on his request, he was transferred to the Karnal Central Co- operative Bank, while agreeing to loose his seniority. Therefore, seniority of the petitioner in the cadre of Clerks in the Karnal Central Co-operative Bank has been fixed by taking the date of his joining as 28.2.1998. I have heard counsel for the petitioner. Learned counsel for the petitioner does not dispute the aforesaid facts. However, he submits that as per Rule12.2 of the Haryana State Central Cooperative Banks' Staff Services (Common Cadre) Rules, 1975, the seniority is to be taken from the date of initial appointment, therefore, the Karnal Central Co-operative Bank, while rejecting his claim, CWP No. 12095 of 2009 -4- has wrongly fixed his seniority with effect from 28.2.1998 instead of 23.1.1989. I do not find any force in the submission made by learned counsel for the petitioner. It has not been disputed by the learned counsel that the petitioner got himself transferred from the Yamunanagar Central Co-operative Bank to the Karnal Central Co-operative Bank on his request with an undertaking that on his transfer, he will loose his seniority. Only on that condition, prior permission was taken from the Registrar Cooperative Society, Haryana, under Common Cadre Rules 9.3 (2) (d). Merely because the petitioner was initially appointed in the Karnal Central Co-operative Bank, his seniority in the cadre of Clerks is not to be fixed from the said date. His seniority in the cadre of Clerks in the Karnal Central Co-operative Bank is to be fixed from the date, when he has been again transferred there on his own request, while agreeing to loose his seniority. Therefore, in my opinion, the respondent No.1 has rightly fixed the seniority of the petitioner by taking his date of joining as 28.2.1998. So far as the seniority of Anil Kumar is concerned, his seniority has been rightly fixed from the date of his initial joining in the Karnal Central Co-operative Bank, because he was never transferred to any other bank. Thus, I do not find any illegality in the impugned order. Dismissed. August 17, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE