B R DESHPANDE Vs. CHITRADURGA GRAMINA BANK

JUDGEMENT

(1.) THIS petition is filed by one Deshpande, Manager, Chitradurga gramina Bank challenging the promotion order dated 4. 7. 1995 annexure-M. Petitioner has also challenged Annexure-C in so far as the prescription of marks for leave record, prescription of marks on the basis of fresh self-appraisals and also the negative marking for promotion for reprimand or warrant or caution, in addition to other reliefs.

(2.) FACTS: The petitioner is an officer of the Bank. He has challenged the denial of promotion to him on the following facts. He states that the Government of India implemented the award of the tribunal from 1. 11. 1987 in all Regional Rural Banks. The post of field Supervisors, Officer, Managers, Senior Managers etc. all came to be known as officers in Junior Management Grade Scale-1. The post of Area Managers and Senior Managers came to be known as officers in Middle Management Grade-ll. The posts of Middle management Grade-ll are to be filled up 100% by internal promotion from the cadre of officers in Junior Management Grade Scale-1.

(3.) IN exercise of power under Section 29 of the Regional Rural Banks Act (hereinafter referred to as 'the Act' for short), the government of India, in consultation with NABARD and the sponsor banks, framed Rules known as Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1988 (for short 'the Rules' ). These Rules provided for recruitment, qualification, mode of appointment etc. In so far as the post of Area Managers/ security Managers is concerned, rules stipulated the source of recruitment as 100% by promotion from amongst the confirmed officers working in the bank. The promotion is on the basis of seniority-cum-merit. A Notification dated 28th September 1988 containing the Rules is filed. On the redesignation of the post pursuant to the NIT award, a question arose before the Regional rural Banks as to the procedure to be followed and eligibility and other criteria to be adopted for promotion from the cadre of officers in junior management Grade Scale-l to Middle Management Grade scale-ll in regional rural banks. NABARD, by a letter dated 17. 9. 1994 advised all banks including" the first respondent that revised promotional rules are under consideration and until a decision is taken, the banks are to undertake the promotion from Scale-l to scale-ll by following the same procedure for promotion from officers to Senior/area managers of the bank. It is stated in the said letter that the existing practice for effecting promotion is to be followed (Annexure-B ). Petitioner states that the criteria for promotion is seniority-cum-merit only. There arose some vacancies of Middle management Grade Scale-ll. The bank issued a memo dated