RUPA RANI RAKSHIT Vs. JHARKHAND GRAMIN BANK

JUDGEMENT

(1.) The appellants in these appeals are the employees of the first respondent-Bank - Ranchi Kshetriya Gramin Bank - now known as Jharkhand Gramin Bank. The appellants were working as clerks-cum-cashiers or equivalent posts in different branches of the first respondent-Bank. The Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1988 (for short 'the Rules') made by the Central Government in exercise of powers conferred under the Provincial Rural Banks Act, 1976 governed the appointment and promotion of employees of the Bank. Rule 5 provided that all vacancies shall be filled in accordance with the provisions of the Second Schedule to the Rules. Entry (5) of Second Schedule to the Rules related to filling of posts of Field Supervisors (subsequently merged with the post of officers). Clause (a) thereof provided that 50% of the posts shall be filled by promotion from amongst the confirmed senior and junior clerks-cum-cashiers or clerks-cum-typists or stenographers or steno-typists on the basis of seniority-cum-merit (the remaining 50% to be filled by direct recruitment which is not relevant for these appeals). Clause (b) of Entry (5) prescribed the educational qualifications and the eligibility (minimum number of years of service in the feeder post) for promotion. Clause (e) of Entry (5) prescribed the mode of selection for promotion as "interviews and assessment of performance reports for preceding three years period".

(2.) The first respondent Bank drew up a common seniority list of all the eligible candidates (candidates possessing the prescribed educational qualifications who have put in the prescribed period of service) from the feeder grades. Then the eligible candidates were subjected to a comparative assessment based on marks secured with reference to four parameters adopted by the Board of Directors of the first respondent-Bank at its 58th Meeting, on the basis of the norms prescribed by the National Bank for Agricultural and Rural Development (for short 'NABARD'). The four parameters and maximum marks allocated to each of them were as under: Sl.N Particulars Maximum o. Marks (i) Seniority 40 (one mark for each completed quarter of service) (ii) Educational Qualifications : 6 [for possessing graduate degree : 3 marks; post-graduate degree : 2 marks and Doctorate : 1 mark] (iii Performance-appraisal : 24 ) [for Very Good (A) - 8 marks; for Good (B) - 6 marks; for Average (C) - 5 marks; and for Poor (D) - 0 marks] (iv) Interview : 30 [Minimum qualifying marks for interview : 10 marks] TOTAL 100

(3.) Feeling aggrieved, the third respondent herein filed a writ petition before the High Court, contending that in making the promotions, the Bank had ignored the principle of seniority-cum-merit prescribed under the Rules and had followed the principle of merit-cum-seniority. It was also contended that contrary to the provisions of the Rules which required that the mode of selection would be only by interviews and assessment of performance reports for preceding three years, the Bank had adopted the method of assessment with reference to four parameters, that is, years of service (seniority), educational qualifications, in addition to performance appraisal and interview.