UDAYA KUMAR Vs. CHAIRMAN CAUVERY GRAMEENA BANK MYSORE

JUDGEMENT

(1.) cauvery grameena bank and its area managers/senior managers have presented these writ appeals feeling aggrieved by the common order dated 10th april, 1991 made in writ petition nos. 5445/1988, 11488/1987, 3581 and 3582/1988, 4191 and 4192/1988 and 19995/1986 by a learned single judge of this court (n.y. hanumanthappa, j.) Quashing their appointments as area managers/senior managers niadeby promotional order dated 31-7-1986 of cauvery grameena bank.

(2.) as common points arise in these appeals for our consideration and decision, we shall dispose them of by a common judgment.

(3.) undisputed antecedant facts, which are necessary for a proper consideration and disposal of these appeals, are these: in the year 1977, cauvery grameena bank with its head office at mysore, came to be established under Section 3(1) of regional rural banks Act, 1976. Persons, who were appointed as officers in that bank from the year 1977 and whose appointments as officers are duly confirmed according to their seniority, are those found in the 'list of officers in order of their seniority' prepared and maintained by that bank. Cauvery grameena bank being one of the regional rural banks working according to the guidelines jssued to it by the national bank for agriculture and rural development (for short 'the nabard'), received from the latter circular No. Idd.rrb..c.62/316(gen.)-1984-85, dated 31-2-1984 containing guidelines as to the creation of higher posts of area managers/senior managers in the cauvery grameena bank and of oiling up of those posts from amongst its officers. Guidelines contained in that circular for appointment of its officers in the higher posts of area manager/senior managers were these: "1. Area managers/senior managers: a) source of recruitment: 100% by promotion from amongst officers working in a bank. Promotions will be on the basis of seniority-cum- merit. If suitable officers are not available internally, these posts could be filled by taking temporarily officers of the sponsor banks and other banks/organisations on deputation. B) qualifications and eligibility: i) a graduate of recognised university, preference to agricultural/commerce/economics graduates. Ii) eight years service as an officer in the bank. Iii) the above condition will be relaxable by a maximum period of two years with the specific prior approval of national bank for agricultural and rural development if suitable candidates with requisite experience are not available. C) reservation of posts: as may be laid down by government of India from time to time. The above posts of area managers/senior managers will carry a special pay of Rs. 75/- p.m. over the grade pay of the officer concerned." subsequently,acircularno.idd.rrb.c-109/316(gen.)/1985/86,dated7-4-1986 has been received by the cauvery grameena bank being one of the regional rural banks, to all of which copies of such circular were issued by the nabard. That circular related to 'rrbs - promotion to the posts of senior clerk-cum-cashiers, field supervisors and officers - clarification'. The Annexure to that circular under the head 'procedure and agency for promotion' contains the following clarification: