B.P. KUMARASWAMY AND ORS. Vs. THE BANGALORE, BANGALORE RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED AND ORS.

JUDGEMENT

(1.) Petitioners, who are employees of The Bangalore, Bangalore Rural and Ramanagara District Co-op. Central Bank Limited, have assailed order dated 05.09.2012 (Annexure 'A' to writ petitions) issued by 1st respondent Bank in so far as it concerns Rule 44A of the Bangalore, Bangalore Rural and Ramanagara District Co-operative Central Bank Staff Service Rules (hereinafter referred to as 'Rules', for the sake of brevity).

(2.) The 1st respondent is a Co-operative Bank, which has been established under the provisions of the Karnataka Co-operative Societies Act, 1959 and the Rules made thereunder. It has its area of operation in Bengaluru, Bengaluru rural District and Ramanagara District. By virtue of the policy in the form of the impugned order dated 05.09.2012, the eligibility criteria for appointment to various posts, promotions, salary benefits and other aspects have been enunciated. Petitioners herein have impugned the eligibility criteria prescribed under the said order for the promotion to the post of Middle Management, Junior Bank Manager / Cashier and other equivalent posts.

(3.) It is the contention of the petitioners that when they entered service in the 1st respondent Bank they did so with qualification of S.S.L.C. or P.U.C., and at any rate, they do not have a graduate degree. But now, by the impugned eligibility criteria, which has been prescribed, to be promoted to a post in middle management cadre, graduate degree is a requisite qualification. As a result, petitioners, who are not graduates cannot meet that criterion and therefore, would not be promoted at all. It is in these circumstances, that they have assailed clause 44A of the said Government order in so far as it concerns promotion to the posts in the middle management cadre.