PRAGIYOTISH GAONLIA BANK Vs. BRIJLAL DAS

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-Bank, which is a rural bank and is governed by the Circulars issued from time to time by the National Bank for Agriculture and Rural Development (hereinafter referred to as NABARD, has challenged the decision of the Division Bench of the Gauhati High Court, allowing Writ Appeal No. 518 of 2002, and directing the appellant Bank to issue necessary orders for giving effect of promotion to the respondent No.1, Brijlal Dass, to the Officer Scale II Grade from the date his juniors in the Grade of Officers Scale I i. e. respondent Nos. 17, 18 and 19, were promoted to the Officers Scale II.

(3.) In 1997 the appellant-Bank categorised 17 additional Scale I branches as additional Scale II brances. The Bank, therefore, proposed to promote 17 Officers of the Scale I Grade to the Grade of Officers Scale II and issued a Circular to that effect on 10-6-2007. As per the eligibility criteria, all officers, who had put in minimum service of 8 years in the Officers cadre as on 31-12-1996, were eligible to appear for an interview for internal promotion. The total number of candidates would be restricted to four times the number of vacancies. It was decided by the Bank that such promotion would be on the basis of merit-cum-seniority, and that out of a maximum of 150 marks 40 marks were set apart for the number of years in service. The remaining 110 marks were allocated towards performance at the work place and in the interview, indicating that the selection procedure was to be on the basis of merit-cum-seniority.