Sh. Ramswarup Azad v. Central Bank of India and Anr.

1. There are two issues which have been urged before me on behalf of the petitioner. First is the claim for promotion from Clerk to Junior Management Grade I and for further promotions, and which claim is predicated on the ground that the civil court in the suit filed by the petitioner has set aside the debarment of the petitioner imposed against the petitioner by the respondent No.1 for appearing in future examinations because the petitioner was found to have used unfair means in the promotional 2013:DHC:2097 examination. The second issue which is argued before me is the claim for relief of salary increments on the ground that the petitioner is a graduate, and graduates have to get salary increments.

2. Taking the second issue first, this issue deserves to be dismissed in limini because there is not a single averment in the writ petition nor is any ground set out, which could be pointed out to me as to how the petitioner is a graduate and how the petitioner therefore is entitled to claim increments. Once no cause of action is pleaded in the writ petition and no ground is laid, no relief can be granted on that basis. I having accordingly rejected the petitioner’s claim I am not dealing with the submissions of the respondent No.1 that petitioner is seeking to play a fraud as he is not a graduate.

3. That takes me to the second issue of the entitlement of the petitioner to first stage promotion to Junior Manager Grade I and consequentially to subsequent promotions. In this regard, it could not be disputed on behalf of the petitioner that entitlement to promotion is only after the petitioner appears in the examination and he clears the examination for being promoted. The only argument urged on behalf of the petitioner is that once the debarment of the petitioner was set aside, the petitioner should automatically get promotion. I cannot agree with this argument because the petitioner after his debarment order was set aside, was given promotion by the respondent No.1-bank, of course, on the petitioner clearing the examination which was required to be given for promotion. Once the petitioner had got promotion by clearing of the examination and as also got subsequent promotions by clearing of examinations petitioner cannot claim promotion merely on the ground that debarment order against him is set aside. Entitlement to promotion is not automatic but only on passing of the exam; and without passing exams petitioner cannot get promotion from a back date or alleged consequential promotions from back dates even before clearing of the exams. I may also note that the debarment order has been set aside not on merits but on the technical ground of non-compliance with the principles of natural justice.

4. In view of the above, there is no merit in the petition, which is accordingly dismissed, leaving the parties to bear their own costs.

VALMIKI J. MEHTA, J APRIL 26, 2013 Ne