IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

I.A. No. _______/12

(Arising out of W.P.(S) No. 3601/12)

IN THE MATTER OF :-

An application under

Article 226 of the

Constitution of India

for modification in the

original writ

application.

A N D

IN THE MATTER OF :-

Ashwini Kumar Bera & ors.

…Petitioners

-:Versus:-

The Jharkhand Gramin Bank & Ors.

…Respondents.
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To,

Hon’ble the Chief Justice of the

Jharkhand High Court at Ranchi and His

companion Judges of the said Hon’ble

High Court.

The humble petition on

behalf of the petitioners,

named above:

MOST RESPECTFULLY SHEWETH :-

1.That in the instant interlocutory application

petitioners pray for modification in the original

writ application due to typographical mistake,

which has been occurred in the original writ

application.
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2.That the petitioners have prayed in the original

writ application for considering the case of the

petitioner and for commanding upon the

respondents to grant promotion to the

petitioners.

3.That it is stated that due to the typographical

mistake occurred in the original writ

application, this modification application has

been filed by the petitioners to rectify the

defects.

4.That it is stated that in the aforesaid

circumstances, now it is necessary that the

modification of the writ application be made for

just decision and adjudication of the issue.

5.That it is stated that the petitioners pray for

the following modifications in the original writ

application:-
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i. That in the prayer portion in

paragraph -1 the prayer may be

modified as:-

a. For commanding upon the

respondents to grant promotion to

the petitioners to the post of

Officer Junior Management Grade,

Scale-I from Group B Employee

(Office Assistant) in pursuant to

the Advertisement/Notice dated

19/7/2011 issued by the respondents

vide circular No. 2011-12/2010 and

further to quash the office order

dated 7/2/2012 issued by the

respondent no.1 whereby 42 persons

have been selected under the fast

Track Channel to the post of Junior

Management Grade, Scale –I , which

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is lying vacant up to 31/3/2010 on

the basis of Regional Rural Banks

(appointment/Promotion of Officers

and Employees) Rules 2010, which

comes into effect on 15th July, 2010

and as such the new Rules cannot

have been applied for filling up the

posts , which was lying vacant up

to 31/3/2010 and the same should

have been filled up only through

Regional Rural Bank Rules

(Appointments and Promotion of

officers and other employees) Rules

1998, which does not contain any

provision for promotion through

promotion by fast track Channel

,which was only through seniority

cum-merit lists.
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6.That in paragraph- 2(b)(e)(f), it may be

modified as:-

i. Whether the promotion of 42 persons

vide office order dated 7/2/2012 under

the fast track channel is illegal and

without jurisdiction as the fast track

channel brought into existence only in

July 2010 when the regional Rural

Banks (Appointment and Promotion of

Officers and Employees) Rules 2010

(“hereinafter called as the Promotion

Rules 2010”) has been notified in the

official Gazette but all the vacancies

are created as on 31/3/2010.

ii. Whether the action of the respondent

authorities is absolutely illegal and

arbitrary as the persons who have

obtained less than 47.5% have given

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promtion from the reservation

category?

iii. Whether the action of the respondent

authorities is further illegal as the

total number of seat which has decided

to fill up the vacancies by Fast Track

Channel does not specify any

percentage or division and under such

circumstances who have already crossed

the minimum qualifying marks under the

fast track channel but they have not

given promotion like some of the

petitioner?

7.That in paragraph- 4, it may be modified and read

as:

That it is stated that the petitioner no.1 was

appointed on 29/3/1985 and joined in the post of

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Clerk-cum-Cashier and later on designated as

Office Assistant and presently working in

Jharkhand Gramin Bank at Gadra Branch East

Singhbhum.

8.That in paragraph- 5, it may be modified and read

as:

That it is stated that similarly the petitioner

nos. 2, 3 & 4 have also appointed in March and

April 1985 and joined the post of Clerk-cum-

Cashier and later on designated as office

Assistant and at present petitioner no.2 is

posted as Office Assistant, Jharkhand Gramin

Bank, Chota Govindpur Branch. Petitioner No.3 is

posted as Clerk-cum-Cashier and later on

designated as Office Assistant at Jharkhand

Gramin Bank at Chaibasa Branch and petitioner no.

4 is posted as Clerk-cum-Cashier and later on

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designated as Office Assistant at Jharkhand

Gramin Bank, at Aditypur Branch, Jamshedpur.

9.That in paragraph- 9, it may be modified and read

as:

That it is stated that the promotion of the

petitioners to the post of Junior Management

Grade, Group-A Service comes under the

Appointment and Promotion of Officers and

Employees Rules 1998. The said post is to be

filled up only through 50% by way of promotion

and 50% by direct recruitment.

10. That in paragraph- 11, it may be modified and

read as:

That it is stated that the petitioners have

continued work more than 25 years but have not

been given promotion as the several vacancies

were existing. However, on 19/7/2011 the

respondent authorities have issued Circular No.

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2011-12/10 for filling up the post of Officer

Junior Management Grade, Scale –I from employee

of Group B, office Assistants like the

petitioners.

11. That in paragraph- 18, it may be modified and

read as:

That it is stated that respondent authorities

thereupon issued an office order dated 7/2/2012

whereby 42 persons have been promoted under the

fast Track Channel and surprisingly all

candidates who have passed under the said fast

track channel, no reservation has given to the

any of the categories. However, 42 persons have

also been promoted under the normal channel out

of which 22 persons have been given promotion

under the general category and 13 persons

promotion have given to the Schedule Cast and 7

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persons have been given to Schedule Tribe

category.

Photocopy of the office order

dated 7/02/2012 is annexed

herewith and marked as

Annexure -3 to this

application.

12. That in paragraph- 23, it may be modified

and read as:

That it is stated that the candidates who have

secured more than 60% of the marks, which is

minimum requirement for promotion under the

fast track channel ought to have been given

promotion as division of 50% of seat and 50% of

the seat of said normal channel is arbitrary

and no such formula has been deprived under the

promotion Rule 10.

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13. That in paragraph- 21, it may be modified and

read as:

That it is stated that the promotion Rules 2010

comes into effect on 15th July 2010 when it has

been notified in the official gazette and same

could not been retrospective effect as it has

been done by the circular dated 19/7/2011 notice

of the advertisement for promotion to the post.

As such the entire action of the respondents is

illegal and without jurisdiction.

14. That in paragraph- 23, it may be modified and

read as:

That it is stated that the candidates who have

secured more than 60% of the marks, which is

minimum requirement for promotion under the fast

track channel ought to have been given promotion

as division of 50% of seat and 50% of the seat

of said normal channel is arbitrary and no such

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formula has been deprived under the promotion

Rule 10.

15. That in paragraph- 25, it may be modified and

read as:

That the promotion of 42 persons vide office

order dated 7/2/2012 under the fast track channel

is illegal and without jurisdiction as the fast

track channel brought into existence only in July

2010 when the regional Rural Banks (Appointment

and Promotion of Officers and Employees) Rules

2010 (hereinafter called as the Promotion Rules

2010) has been notified in the official Gazette

but all the vacancies are created as on

31/3/2010.

16. That in paragraph- 28, it may be modified and

read as:

That the action of the respondent authorities is

absolutely illegal and arbitrary as the persons

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who have obtained less than 47.5% have given

promotion from the reservation category.

17. That in paragraph- 29, it may be modified and

read as:

That the action of the respondent authorities is

further illegal as the total number of seat which

has decided to fill up the vacancies by Fast

Track Channel does not specify any percentage or

division and under such circumstances who have

already crossed the minimum qualifying marks

under the fast track channel but they have not

given promotion like some of the petitioners.

18. That in the prayer portion , it may be

modified and read as:

It is, therefore, prayed that Your

Lordships may graciously be pleased to

admit this writ petition, issue Rule Nisi,

calling upon the respondent to show cause

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as to why this application be not admitted

and, if possible, disposed of at the stage

of admission itself and be further pleased

to For commanding upon the respondents to

grant promotion to the petitioners to the

post of Officer Junior Management Grade,

Scale-I from Group B Employee (Office

Assistant) in pursuant to the

Advertisement/Notice dated 19/7/2011 issued

by the respondents vide circular No. 2011-

12/2010 and further to quash the office

order dated 7/2/2012 issued by the

respondent no.1 whereby 42 persons have

been selected under the fast Track Channel

to the post of Junior Management Grade,

Scale –I , which is lying vacant up to

31/3/2010 on the basis of Regional Rural

Banks (appointment/Promotion of Officers

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and Employees) Rules 2010, which comes into

effect on 15th July, 2010 and as such the

new Rules cannot have been applied for

filling up the posts , which was lying

vacant up to 31/3/2010 and the same should

have been filled up only through Regional

Rural Bank Rules (Appointments and

Promotion of officers and other employees)

Rules 1998, which does not contain any

provision for promotion through promotion

by fast track Channel ,which was only

through seniority cum-merit lists.

19. That it is stated that the aforesaid

modification is necessary in the present writ

application.

20. That it is stated that the modification is

formal in nature and it is necessary for just

decision of the present case.

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21. That it is stated that if the present

modification application is not being allowed,

the petitioner will suffer irreparable loss and

injury.

22. That this interlocutory application is being

made bona fide and in the interest of justice.

It is, therefore, prayed

that Your Lordships may

graciously be pleased to

allow this modification

application and further

be pleased to order for

modification of the

prayer, mentioned above,

in the original writ

application.

And/or
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Be pleased to pass such

other order or orders as

Your Lordships may deem

fit and proper.

And for this act of kindness, the petitioners shall

ever pray.
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A F F I D A V I T

I, Dilip Kumar Ghosh, son of Bharat Kumar Ghosh ,

R/o Heavan Tower, B-4, Jai Prakash Uddayan,Po &
P.S:- Adityapur-1 Jamshedpur, East Singbhum. do
hereby solemnly affirm and state as follows :-

1. That I am the partner of the petitioner-Company

M/s Chanani Transport in this case and as such I
am well acquainted with all the facts and
circumstances of this case.
2. That the contents of this application and
affidavit have been read over by me, which I
have fully understood.
3. That the statements made in
paragraphs .....................................
......................are true to my knowledge
and those made in
paragraphs .....................................
...... are based on information derived from the
records of the case, verily believed by me to be
true and rest are by way of submissions before
this Hon’ble Court.
4. That the Annexures are
photo/certified/typed/true copies of their
respective originals.
5. Verified, sworn and signed by me on ………day of
………, 2012 at Jharkhand High Court, Ranchi.