HARIGOVIND YADAV Vs. REWA SIDHI GRAMIN BANK

JUDGEMENT

(1.) The appellant and the third Respondent are working as clerk-cum-cashiers with the first respondent Bank (Rewa Sidhi Gramin Bank). The appellant is at serial No.9 and third respondent is at serial No.10 in the seniority list of senior clerks cum cashiers published on 31.7.1988. There is no dispute that the third respondent is junior to appellant in the cadre of clerk- cum-cashier.

(2.) The promotions of employees of the first Respondent Bank (for short 'the Bank') are governed by the Regional Rural Banks (Appointment & Promotion of Officers and other employees) Rules, 1988 (for short 'rules') made by the Central Government in exercise of the power conferred by Section 29 read with section 17 of the Regional Rural Banks Act, 1976. Rule 5 provides that all vacancies shall be filled by deputation, promotion or by direct recruitment in accordance with the provisions contained in the second Schedule. Rule 10 requires the Board of Directors of each Regional Rural Bank to constitute from time to time Staff Selection Committees in the manner provided therein for the purpose of selecting candidates for appointment by direct recruitment or promotion to the posts referred to in the second Schedule. It also requires the Staff Selection Committee to follow the procedure as determined by the Board for selecting the candidates for appointment or promotion in accordance with the guidelines issued by the Central Government from time to time.

(3.) Entry 5 of the second Schedule to the Rules relates to Field Supervisors. It provides the source of recruitment as 50% by direct recruitment and 50% by promotion on the basis of seniority-cum-merit (from amongst confirmed senior clerk- cum-cashiers, junior clerk-cum-cashiers, or clerk-cum-typists, stenographers and steno typists with the prescribed minimum periods of service). For direct recruitment, the mode of selection is 'written test and interview'. The method prescribed for ascertaining the minimum necessary merit required for promotion by seniority-cum-merit is 'interviews and assessment of performance reports for the preceding 3 years'.