IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 10042 of 1999 Between: K. Rajendra Kumar S/o. Satyanarayana Rao Gudem Branch Mustabad Mandal, Karimnagar District, R/o. H.No. 2-10-955/A, Jyothinagar, Karimnagar. ..... PETITIONER AND Sri Satavahana Grameena Bank, Head Office, Rep. by its Chairman. Karimnagar, .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in seeking to review the promotions by issuance of Circular No.PER/26 of 1998-99 dt. 11-3-1999 by following a mode of selection which is contrary to the principle of seniority cum merit and in seeking to review the promotions again on the basis of the merit without reviewing the seniority list ignoring the provisions contained in the Regulations 13(3) of the staff Service Regulations 1983 as illegal, void, arbitrary and discriminatory and offending Article 14 of the Constitution of India after striking down the regulation 13(3) of Sri Sathavahana Grameena Bank Staff Service Regulations 1983, as illegal and consequentially to direct the respondent to refrain from giving effect to Circular No.PER/26 of 1998-99 for the puspose of review of the promotions and to continue the Petitioner in the promotional category till finalisation of review of promotions on the basis of the seniority cum merit after revision of seniority ignoring the provisions contained in Regulation 13(3) of the Staff Service Regulations 1983 and to pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.M.SUDHIR KUMAR The Court made the following : ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondent-Bank in seeking to review promotions vide Circular No.PER/26 of 1998-99 dated 11.3.1999 by following a mode of selection, which is contrary to the principle of seniority-cum-merit without reviewing the seniority list ignoring the provisions contained in Regulation 13(3) of the Staff Service Regulations, 1983 as arbitrary, illegal, discriminatory and offending Article 14 of the Constitution of India by striking down Regulation 13(3) of Sri Sathavahana Grameena Bank. It appears, petitioner was promoted to the post of Scale-II Officer as per his seniority, but in view of the orders passed by this Court as well as Supreme Court, the respondent-Bank has undertaken to review the promotions already made for the purpose of fixing seniority etc., and therefore, issued Circular dated 11.3.1999 intimating that consequent upon the judgment of the High court of Andhra Pradesh, it was decided to conduct interviews for Clerks and Officers for the years 1996, 1997 and 1998 batch of Officers promoted from JMGS-I to MMGS-II afresh and notional seniority will be given to the candidates selected. Accordingly, call letters were sent to all the eligible candidates including the petitioner to attend interviews. The interviews were held on 3.5.1999 and the petitioner appeared for interview i.e. after filing the present writ petition. According to the respondent-Bank, petitioner having appeared for interview on 3.5.1999 without raising any objection whatsoever and subjected himself to selection process, cannot question the selection process undertaken by the Bank as per the judgments of various Courts. Further, the Bank has declared the results of interviews conducted on 3.5.1999 and the petitioner was promoted to MMGS-II for the year 1998-99 notionally with effect from 15.7.1998. Therefore, no loss is caused to petitoner in the process and the writ petition is liable to be closed. In view of the above, the writ petition is closed. No order as to costs. ____________ C.V.RAMULU, J Date: 13.3.2008 DA