High CourtsSingle Bench(2014) 07 RAJ CK 0132

Mishri Lal Karadia vs Bhilwara Ajmer Kshetriya Gramin Bank Ltd.

Rajasthan High Court · Decided on 10 July 2014

HON’BLE JUDGES
Vineet Kothari, J
RESULT
Disposed Off
CASE NUMBER
Civil Writ Petition No. 2108/1999

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Judgment

8 paragraphs · 453 words

Vineet Kothari, J.—The petitioner has filed the present writ petition claiming promotion to the post of Senior Manager in the respondent-Bhilwara Ajmer Kshetriya Gramin Bank Ltd. (for brevity, hereinafter referred to as ''Bank'') and the main ground raised in the writ petition is that all the roster points for the said post reserved for the Scheduled Caste category were not operated by the respondent-Bank while passing the impugned promotion order (Annex. 3) dated 17.05.1999.

2.

The ground raised in the present writ petition is quoted herein below:-

(a). That the order impugned dated 17.5.99 (Annx. 3) deserves to be quashed and set aside to the extent it gives promotions to only two persons belonging to Scheduled Castes. The respondent-Bank in view of Forty Points'' Roster System is required to give three persons belonging to Scheduled Castes promotions to the post of Officer Grade-II. The Roster Points No. 1, 7 and 14 are reserved for Scheduled Caste. In the present case, the respondent-Bank has made promotions only against two points, as such, the order impugned deserves to be quashed and set aside to the extent it does not give promotion to third person belonging to Scheduled Caste. It is worthwhile to mention here that the present one is the first occasion whereby the promotions have been made in the respondent-Bank from category of Officers Gr. I to the category of Officers Grade-II. In view of it, rest of members are required to be determined from S. No. 1.

3.

Mr. Sanjay Mathur, learned counsel for the petitioner submits that the petitioner was next in the turn and if the roster point for the reserved category had been operated, the petitioner would have got the said promotion.

4.

None has appeared on behalf of respondent Bank today. A reply to the writ petition has been filed.

5.

The order impugned (Annex. 3) dated 17.05.1999 stipulates a note that one post has been kept, subject to decision of DBSAW No. 1227/97 (Bhilwara Ajmer Kshetriya Gramin Bank Vs. Rajnish Pareek & Ors.

6.

After considerable lapse of time now for almost 15 years, the current position of promotions granted to the petitioner is not known, therefore, the present writ petition is disposed of with a direction to the respondents to consider the case of the petitioner and if he has not been already promoted to the next higher post as claimed, his case may be considered fairly and objectively within a period of three months from today in view of decision of special appeal No. 1227/97, referred to in the order (Annex. 3) dated 17.05.1999.

7.

The writ petition is, accordingly, disposed of. No costs. A copy of this order be sent to the concerned parties forthwith.