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1996 Supreme(SC) 235
1996(2) Supreme 25
SUPREME COURT OF INDIA
K. Ramaswamy, B.L. Hansaria and
S.B. Majmudar, JJ.
C.M.D., Punjab National Bank & Ors. -Appellants
versus
Rajendra Nath Chawla -Respondent
Civil Appeal No. 2545 of 1996
Decided on 31-1-1996
Counsel for the Parties :
For the Appellant : V.R. Reddy Addl. Solicitor General.
For the Respondent : Madhava Reddy Sr. Advocate.
IMPORTANT POINT
The view of the High Court that respondent P.N. Bank officer became qualified for promotion in MMG Scale II in 1993 and that the bar of 2 years is not applicable to him is not correct.
Headnote:Punjab National Bank Officers (Service) Regulations-Regulation 17-Promotion to Middle Management Grade Scale II Circular No. 1271 dt. 21.3.1991-Eligibility-Criteria-Officer refusing to accept promotion-Bar of 2 years-High Court holding that the bar of 2 years is not applicable to him-Whether correct? (No)-High Court s order set aside. (Para 17)
Held : It is seen that on his refusal to accept the promotion or on its cancellation, he became ineligible for 2 years for consideration; the reason being that 2 years rural/semi-urban service was a pre-condition which, though later on made a post-condition, remained to be a mandatory requirement. It was open to an officer, before he appeared in examination and interview not to opt for promotion. On exercise of option he was considered, promoted and was posted to rural service; the officer accepted the promotion and after he joined the M.M.G. Scale-II post, he was required to complete at least two years, if not already completed, or the residue period. If, without completing 2 years, on his own volition, he gets his posting cancelled and reverted to J.M.G. Scale- I and thereafter gets posted in an urban branch, the bar becomes operative and he becomes ineligible for promotion to M.M.G. Scale - II for two years from the date of cancellation. Therefore, the question of putting him in A list or B list does not arise. That would arise only in a case where the officer, for no fault or him, was not given opportunity to serve in rural or semi-urban branch; even though he became qualified after putting in 7 years of satisfactory service, he will then be put in B list and on his selection and promotion as M.M.G. Scale-II, he will be posted to rural/semi-urban branch. On his completion of 2 years service or the balance period, he would become fully qualified and secure seniority from the date his immediate junior in List A had joined the post of M.M.G. Scale - II. That facility is inapplicable to an officer who had refused, on his own volition, to accept the promotion and had opted for urban posting. Thus the High Court was wholly wrong in its conclusion that the appellant became qualified in 1993. The view of the High Court that the bar of 2 years is not applicable to him, is clearly incorrect. (Para 15)
JUDGMENT
K. Ramawamy, J.-Leave granted.
2. This appeal by speical leave arises from the order of the Delhi High Court dated March 31, 1995 in Writ Petition No. 5199 of 1993. On September 29, 1989, the appellant had issued a Circular letter No. 43/89 stating that in accordance with the instructions of the Government, the Bank had decided to permit the officers, who were otherwise eligible for consideration for promotion but could not complete the rural branch experience for no fault of theirs, to be considered for promotion to Middle Management Grade Scale II [for short, M.M.G. Scale-II ] subject to the following conditions :
"(a) The promoted officers would be straight away posted to rural branches for requisite number of years and under no circumstances would be allowed to shift to other areas before completion of their tenure of rural posting. The concerned officers have already furnished the written undertaking to this effect at the time of the interview.
(b) The officers, who refuse posting in rural branches, as mentioned in (a) above, shall be debarred for consideration for promotion for a period of two years from the date they become eligible, after fulfilling the promotion criteria, including necessary rural branch service.
(c) In case of any reason, the promotee officer has to leave the rural branch prior to completion of the tenure, he shall be reverted to Junior Management Grade Scale I."
3. On January 9, 1990, the respondent was informed of the approval for his promotion to M.M.G. Scale - II and that he was allocated Punjab Zone subject to the conditions mentioned hereinbefore. He was also informed that in case he would refuse posting in rural branch, he shall be debarred for consideration for promotion for a period of 2 years from the date he becomes eligible after fulfilling the promotion criteria including necessary rural branch experience. The respondent, by his letter dated January 13, 1990, did not accept rural branch posting in Punjab Zone upon promotion. By letter dated January 13-15, 1990, the respondent was informed of the bar in terms of the promotion policy and guidelines and that since he had refused to accept the promotion vide his letter dated January 13, 1990 for promotion to M.M.G. Scale -II in terms of the promotion policy, he was bebarred for consideration for promotion for a period of 2 years from the date he became eligible after fulfilling the promotion criteria including necessary rural branch experience.
4. On March 21,1990, new promotion policy was circulated by the appellant in terms of the Government guidelines which provided, inter alia, that for an officer in Junior Management Grade Scale I ( for short J.M.G. Scale-I) to become eligible for consideration for promotion to M.M.G. Scale - II, he should have 7 years of satisfactory service including minimum of two years service as an officer in rural branch. The Delhi Zonal Office by its circular dated September 16, 1991, invited applications for rural posting in nearby region. The respondent had applied on October 15, 1991 for rural branch posting in Meerut region, Karnal region and Rohtak region. The head office of the appellant by its letter dated February 5, 1992 informed its Delhi Zonal Office that the request of the respondent for his posting in rural branch in Meerut has been acceded to and that on his appointment by promotion, he may immediately be relieved. After he had joined, by letter dated March 3, 1992 the respondent requested for cancellation of his posting for rural branch in Meerut region. Accordingly, the Delhi Zonal Office by letter dated May 4, 1992 informed him of cancellation of the posting in rural branch in Meerut region at his request. He was further informed that he was bound by the consequences of his refusal to the posting in terms of rules to guidlines enforced by the Government from time to time.
5. On October 15, 1992, Delhi Zonal Office in its circular No. 40 of 199
