Petitioners challenged the Bank's decision to hold an online test for promotion instead of a written test as settled. The court found the process already concluded, rendering the petition infructuous.
Dismiss the writ petition as having been rendered infructuous.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23322 of 2013
======================================================
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Raju Kumar Singh, Adv. For the Respondent/s : Mr.Kumar Priya Ranjan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
The present writ petition has been filed seeking the
following reliefs:-
“1.(I) To quash the Circular of Punjab National Bank (hereinafter referred to as the Bank] bearing No. 177, dated 28th September 2013 by which, under misconceived interpretation of settlement issued vide Circular No. 53 dated 19th September 2011, the Bank is going to held ONLINE TEST for promotion of workmen from subordinate cadre to clerical cadre,
Patna High Court CWJC No.23322 of 2013(2) dt.23-06-2023 2/3
on 24.11.2013 instead of and in substitution of WRITTEN TEST agreed and settled vide Circular dated 19.08.2011.
(II) To command the Respondents and order them to hold written test for promotion in question of workmen from subordinate cadre to clerical cadre under the procedure and manner of test agreed to in settlement dated 18.08.2011, as the Petitioners who are class IV employees, are not well conversant and familiar with the use of the computer leading to deprivation of their right of being considered for the promotion.
(III) To hold and declare the manner and conduct of test of promotion in question can only be held under the strict compliance of Circular No. 53 dated 19.08.2011, and any deviation can only take place under the manner, Circular No. 53 dated 19.08.2011 being amended under Section 12/3) of the Industrial Dispute Act.
IV) To stay the operation of Circular No. 177 dated 28 September 2013 by which ONLINE TEST for promotion in question is going to be held on 24th November 2013, till final disposal of the Writ Application.”
Considering the fact that considerable time has elapsed and moreover, according to the learned counsel for the respondent-Punjab National Bank, the online test has already been held and the selection process in question has stood
Patna High Court CWJC No.23322 of 2013(2) dt.23-06-2023 3/3
concluded long back, resulting in the present writ petition having been rendered infructuous, I deem it fit and proper to dismiss the present writ petition as having been rendered infructuous.
(Mohit Kumar Shah, J)
sonal/-
U
2 issues framed by the court
Whether the present writ petition is infructuous as the online selection process has already been concluded.
Whether the promotion test for workmen violating the agreed settlement require written test and not online test.
Ashok Kumar Singh Son Of Shri Munni Singh
Sunil Kumar Son Of Late Singar Ram
Ajeet Kumar Son Of Shri Bundi Das
The Punjab National Bank and others
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
