The High Court dismissed petitions challenging a tentative seniority list and a promotion in a cooperative bank. The Court held that the bank's clarification on roster points and vacancy filling removed grounds for relief.
The petitions were dismissed with no costs awarded to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO
W.P.Nos.5866 of 2007 & 4600 of 2009
COMMON ORDER
Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
W.P.No.5866 of 2007 was filed challenging the action of the respondents in not revising the seniority list communicated through proceedings dated 25.01.2007 and to revise the same as per the marks obtained in oral and written test under OC woman category by considering the petitioner’s objections dated 9.2.2007.
W.P.No.4600 of 2009 was filed challenging the promotion of the
4th respondent as Assistant General Manager from the cadre of Manager in Nellore District Co-operative Central Bank Ltd., Nellore, by proceedings dated 27.02.2009, without following the Rule of Reservation.
Both the writ petitions are being disposed of by this common order as they were filed by the same petitioner.
The Pottisriramulu Nellore District Co-operative Central Bank
conducted written examination for the posts of Managers by way of
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direct recruitment by issuing a notification on 03.12.98. Out of five
posts notified, three posts were ear-marked for OC, out of which one post was reserved for woman, in respect of the remaining two, one
post was reserved for BC-A (Woman) and one post was reserved for
SC (woman).
The marks obtained by the candidates, as per the minutes, are as follows:
1.Smt V.Kavitha (OC-Woman) - 191 marks.
2.Sri S.Krishna Kumar (OC-General) - 183.80 marks 3.Smt Y.Saritha (OC-Woman) - 180.40 marks 4.Smt N.V.Nagendra Kumari (BC-A Woman) 179 marks
5.Smt N.Usha Rani (SC Woman)n - 140.40 marks
It is her case that after observing rota and quota, the seniority
should have been fixed as follows:
1.OC-woman Smt V Kavitha (191 marks)
2.SC-woman Smt N.Usharani (140.40 marks)
3.OC (Open) Sri S.Krishna Kumar ( 183.80 marks)
4.BC-A (woman) Smt N.V.Nagendra Kumari (179 marks) 5.OC(Open) Smt Y.Saritha (180.40 marks)
While so, a seniority list was communicated in the cadre of
Managers Category-III on 25.1.2007, showing the seniority of the candidates as follows:
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| Sl.No. | Name of the employee |
Date promotion/ appointment |
of | Date of birth |
|---|---|---|---|---|
| 1. | Sd.Hameed | 9.8.1996 | 1.7.1951 | |
| 2. | M.Ramalinga Reddy |
9.8.1996 | 2.5.1951 | |
| 3. | K.Ramana Reddy | 10.06.1999 | 10.04.1949 | |
| 4. | V.Kavitha | 31.12.1999 | 8.11.1972 | |
| 5. | N.Usha Rani | 31.12.1999 | 1.7.1978 | |
| 6. | Y.Saritha | 31.12.1999 | 1.7.1978 | |
| 7. | N.V.Nagendra Kumari |
31.12.1999 | 22.12.1970 |
Pursuant to the above, the petitioner submitted an objection on 9.2.2007 stating that her name has to be placed on top (OC-woman Category) as per the rule of reservation among Direct Managers and
accordingly, she sought revision of seniority.
A counter affidavit is filed stating that the first vacancy went to OC woman, second vacancy went to SC woman, 3rd vacancy went to OC, 4th vacancy went to BC-A woman and 5th vacancy went to OC.
Accordingly, the selection list was revised and the 4th respondent, who
was selected against the OC woman vacancy, was placed above the SC, OC and BC-A women.
Thereafter, it appears that two posts of Assistant Managers fell
vacant and the 4th respondent was promoted as Manager in the OC
woman category and one Usha Rani was selected to the post of Assistant General Manager under S.C women category. The petitioner
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comes under 4th roster point under BC-A women category. Since there were only two vacancies, the petitioner was not promoted as Assistant General Manager in the year 2009, but, later on, she was promoted. The seniority list communicated on 25.01.2007 was only a tentative list.
Now, it is stated that the 4th respondent was promoted as Deputy General Manager and the petitioner is also promoted as Deputy General Manager.
In view of the clarification given by the respondent-Bank with regard to the filling up of the vacancies based on the roster point, this Court sees no ground to grant relief as sought for by the petitioner.
Accordingly, both the Writ Petition is are dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed.
_________________________________ JUSTICE A.RAMALINGESWARA RAO
12th July, 2017 rkk
3 issues framed by the court
Whether the seniority list communication of 25.01.2007 was lawful by applying the Rule of Reservation to the OC woman quotient.
Whether the promotion of the 4th respondent as Assistant General Manager without following the Rule of Reservation was sustainable.
Whether the claim for revision of seniority based on marks obtained in oral and written tests should be accepted.
V. Kavitha
Pottisriramulu Nellore District Co-operative Central Bank
N.V. Nagendra Kumari
A. Ramalingeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
