R.K. AHUJA Vs. DURG RAJNANDGAON GRAMIN BANK

JUDGEMENT

(1.) BY Notification dated 28.9.1988, the Central Government in exercise of powers conferred under Section 17 read with Section 29 of the Regional Rural Banks Act, 1976 framed the Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1988 ("hereinafter referred to as the Rules"). Rule 5 of the Rules provided that all vacancies should be filled up by deputation, promotion or direct recruitment, in accordance with provisions contained in the Second Schedule to the Rules. Entry 7 in the Second Schedule related to recruitment to the posts of Area Manager or Senior Manager (in Scale II). It provided that all the posts of Area Manager and Senior Manager should be filled by promotion from among the confirmed officers (in Scale I) working in the Bank on the basis of seniority -cum -merit. It prescribed the educational qualification (graduate) and minimum period of service in the feeder cadre (eight years as an officer in the Regional Rural Bank concerned). It also prescribed the mode of selection by promotion as "interview and assessment of performance reports for the preceding three years period as officers". Sub -rule (4) of Rule 10 provided that the Staff Selection Committee shall follow the procedure determined by the Board for selecting candidates for appointment or promotion, in accordance with the guidelines issued by the Central Government from time to time. As per above Rules, the respondent No. 1/Bank circulated draft promotion policy for promotion to the post of Officers/Managers in Scale II (Area/Senior Managers) in Durg Rajnandgaon Gramin Bank for the vacancies existed prior to 29.07.1998. According to above policy the selection shall be on the basis of Performance Appraisal Reports (PARs) for preceding 3 years and interview as per the division of the marks given below:

(2.) INDISPUTABLY , as per document -A filed by the respondent No. 1/Bank on 15.1.2014, the petitioner did not secure either minimum qualifying marks in PARs and in interview or aggregate qualifying marks and had secured 39.20 marks in PAR and 13.60 marks in interview.

(3.) ON the other hand, Shri N. Naha Roy, learned counsel appearing for respondents No. 1 & 2 supported the impugned order dated 8.5.2000 and placed his reliance upon the judgment of Supreme Court in the case of Rajendra Kumar Srivastava and others vs. Samyukt Kshetriya Gramin Bank and others, : (2010) 1 SCC 335.