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2023 Supreme(All) 1204

IN THE HIGH COURT OF ALLAHABAD
ABDUL MOIN, J.
Ajeet Pratap Singh - Petitioner
Versus
Union of India Thru Secy. Ministry of Finance and Others - Respondents
Writ -A No. 2001270 of 2013
Decided On : 25-07-2023

Advocates Appeared:
For the Petitioner: Alok Mishra.
For the Respondent: Ajit Kumar Dwivedi, Alok Kumar Tripathi, Anurag Srivastava, D.P. Dwivedi.

Headnote:

Constitution of India, 1950 - Article 14, 32, 226 - Quashing impugned order - Grounds of challenge - Supplementary counter affidavit- Permanent absorption in services of bank - Held, It is prerogative of Bank, it being a commercial entity, to issue circulars for purpose of absorption and recruitment of those employees whom it deems fit so that they would be able to carry out duties and responsibilities of Bank and garner its business - Even otherwise, no grounds have been set forth in petition as to why circular has to be quashed apart from indicating that business target had only been set for Marketing and Recovery Officers and not for other staff - Again this is prerogative of Bank to fix targets for any of its staff and it being a policy decision, this Court would be loath to interfere with prerogative of Bank - Dismissed.

JUDGMENT :

1. Heard learned counsel for the petitioner and Sri N.K. Seth, learned Senior Advocate, assisted by Sri Anurag Srivastava, learned counsel for the respondent-Bank.

2. At the very outset, Sri Alok Mishra, learned counsel for the petitioner, states that though in pursuance to the order of this Court dated 27.04.2023, a supplementary counter affidavit dated 18.05.2023 has been filed by the Bank but he does not intend to file any objections thereto.

3. The aforesaid statement of Sri Alok Mishra, learned counsel for the petitioner, is recorded.

4. Instant petition has been filed praying for the following reliefs:-

    "i) to issue a writ, order or direction in the nature of certiorari quashing impugned order dated 17.5.2013 passed by the opposite party no. 6 as contained in Annexure No.1 to the writ petition.

ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned order dated 17.5.2013 passed by the opposite party no. 6 as contained in Annexure No.1 to the writ petition.

iii) to issue a writ, order or direction in the nature of certiorari quashing impugned Circular letter dated 20.7.2010 only to the extent provides a condition of having achieved 60% target during financial year 2009-2010 for absorption in the services of the Bank, as contained in Annexure No.6 to the writ petition.

iv) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned Circular letter dated 20.7.2010 only to the extent same provides a condition of having achieved 60% target during financial year 2009-2010 for absorption in the services of the Bank, as contained in Annexure No. 8 to the writ petition.

v) to issue a writ, order or direction in the nature of certiorari quashing the impugned Circulars dated 18.8.2010 as well as 8.3.2011 to the extent the same provide/restrict the benefit of suitable revision of the business target only in case of OMRS and not in the matter of other contractual staff including Customer Relationship Executive (Medium Enterprises) for the purposes of permanent absorption in the services of the bank.

vi) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned Circulars dated 18.8.2010 as well as 8.3.2011 to the extent the same provide/restrict the benefit of suitable revision of the business target only in case of OMRS and not in the matter of other contractual staff including Customer Relationship Executive (Medium Enterprises) for the purposes of permanent absorption in the services of the Bank.

vii) to issue a writ, order or direction in the nature of certiorari quashing the Notice dated 30.8.2010 issued by the opposite party no. 7 as contained in Annexure No. 2 to the writ petition.

viii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the case of petitioner for absorption as Specialist Officer in Junior Management Grade Scale-I within a stipulated period ignoring the impugned condition of Circular dated 20.7.2010 and after giving benefit of revision of Budget. achievement as per Circular letter dated 18.8.2010, with all consequential benefits.

ix) to pass any other suitable order or direction which is deemed just and proper in the circumstances of the case may also be passed.

x) to allow the writ petition with costs."

5. Both learned counsels for the parties agree that the facts of the case have already been set forth in detail by this Court in the order dated 27.04.2023. For the sake of convenience, the order dated 27.04.2023 is reproduced as under:-

    "1. Heard Sri Alok Mishra, learned counsel for the petitioner and Sri Anurag Srivastava, learned counsel appearing for the respondent-Bank.

2. Sri Anurag Srivastava, learned counsel for the respondent-Bank files a supplementary counter affidavit on behalf of respondents no. 2 to 7.

3. Sri Srivastava states that though the affidavit

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