SHER SINGH Vs. SURINDER KUMAR

JUDGEMENT

(1.) The appellants and respondents 1 to 7 are the employees of the Himachal Gramin Bank (for short, 'the Bank'). In May-June, 1986, 30 posts of Field Supervisors, 15 of which were to be filled up by promotion from amongst the Clerks and 15 by direct recruitment, became available. In February, 1987, a selection was held, in which 15 persons including the present appellants were selected and promoted to the posts of Field Supervisors. This selection was challenged by respondents 1 to 7 by a writ petition in the High Court of Himachal Pradesh, which was allowed by the single Judge on 10th December, 1990. This decision was upheld by the Division Bench on 14th January, 1994. All persons including the present appellants filed S.L.P. No. 15559/1994 in this Court, and the Court by its order dated 10th November, 1994 granted leave only to appellants 10 to 15, while leave was refused to appellants Nos. 1 to 9.

(2.) We have heard learned counsel for the parties, except the counsel for the Bank, who did not appear.

(3.) It is not disputed that the criterion for making promotion from the post of Clerk to that of Field Supervisor was seniority-cum-merit. On a consideration of the facts placed before the High Court, the single Judge as also the Division Bench came to the conclusion that, while making selection, the Bank did not follow this criterion and instead, it made promotion on the basis of merit-cum-seniority which vitiated the selection.