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Judgment
Satyen Vaidya, J
By way of instant application, petitioners/ applicants, have made the following prayers:-
“It is therefore, respectfully prayed that application being CMP No. 10735 of 2023 may kindly be allowed to be withdrawn and order dated 21.08.2023 passed by this Hon’ble Court may kindly be recalled/vacated/modified thereby allowing the bank to Conduct exam for promotion from Grade-IV to Grade-III in the interest of law and justice.”
On 21.08.2023, this Court had passed the following order:-
“Reply on behalf of the newly added respondents be filed on or before 25.08.2023. Rejoinder, if any, be filed on or before 29.08.2023.
List for hearing on 31.08.2023.
In the meanwhile, process for promotion to the post of Grade-III officials shall remain in abeyance.”
After passing of above-said order dated 21.08.2023, private respondents had made a prayer for modification of order dated 21.08.2023, on the ground that by efflux of time, petitioners would become eligible to be considered for participation in the departmental examination for the next higher post.
This Court had observed that the ground as raised by the private respondents was not sufficient for modification of the order. It was further observed that the interest of justice would be served if the main petition itself was decided. The main petition, however, has remained pending for one or the other reason and now the petitioners have come up with the instant application seeking withdrawal of their application for interim relief or in an alternative making a prayer to modify order dated 21.08.2023, passed by this Court.
According to petitioners, they have also become eligible to compete for the departmental examination for the next higher post and for such reason respondent No.3/Bank has allowed them to participate in the process of departmental examination for the next higher post, vide communication dated 08.11.2023 (Annexure A-1).
Private respondents No. 4 to 6 have opposed the prayer made by the petitioners, on the ground that the petitioners were not eligible at the time when the posts in question had fallen vacant. Their subsequent eligibility cannot be used to benefit them retrospectively. It has also been submitted that the interim order cannot be modified as the main matter is required to be decided on merits and it will be only thereafter that the parties will be able to get adjudication on their respective claims. As per respondents No. 4 to 6, in case, the prayer made by the petitioners, is allowed, the parties will be led into multiplicity of litigation.
The principal claim of the petitioners is with respect to their contract service. Petitioners are claiming such contract service to be considered for the purpose of seniority. During the pendency of this petition, petitioners, otherwise, have become eligible to participate in the promotion process for the next higher grade. Be that as it may, no prejudice is going to be caused to the respondents, in case, order dated 21.08.2023, is modified and the Bank is allowed to proceed further with the process for promotion to the Grade-III posts in the Bank, strictly as per rules. It is, however, clarified that the selection/promotion of the parties to the instant petition, if any, shall abide by the final outcome of the petition and such selection/promotion shall also not create any equity in favour of either of the parties.
Accordingly, the application is allowed. Order dated 21.08.2023, is modified. Respondent No.3/Bank, shall be at liberty to proceed ahead with the process for promotion/selection to the Grade-III posts in the Bank, strictly in accordance with the rules as applicable to the Bank. Application stands disposed of.
List the main petition for hearing on 01.03.2024.