TEJPAL SHARMA Vs. ANIL KUMAR SINHA

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the judgment of the Madhya Pradesh High court dated 4/7/1997 in LPA No. 120 of 1997 whereby the High court has dismissed the letters patent appeal filed against the judgment of the learned Single Judge allowing the writ petition filed by Respondents 1 to 3 and setting aside the order dated 27/2/1993 regarding promotion of the appellants to the post of Senior Manager/area Manager in Sarguja Kshetriya Gramin Bank (hereinafter referred to as "the Bank"). The Bank is a regional rural bank established under the provisions of the Regional Rural Banks Act, 1976. Promotion to the post of Senior Manager/area Manager in the Bank is governed by the Regional Rural Banks (Appointment and Promotion ofofficers and other Employees) Rules, 1988 which prescribe that promotion to the said post shall be made on the basis of seniority-cum-merit.

(3.) The submission of the learned counsel for the appellants is that in the counter-affidavit that was filed on behalf of the Bank before the High court, it was pointed out that the performance of the respondents, who were not selected, was not satisfactory and reference was made to the service record of the said respondents in support of the said submission. It is urged that neither the learned Single Judge while allowing the writ petition of the respondents nor the learned Judges on the division bench of the High court while dealing with the letters patent appeal filed against the said judgment of the learned Single Judge have dealt with this aspect and have only followed the earlier judgment of the High court in respect of other banks even though the facts in the present case were different from the facts in those cases.