L R JOANWAL Vs. UOI

JUDGEMENT

(1.) VIDE the instant petition, the petitioner is seeking issuance of an appropriate directions to the respondents, inter alia, on the grounds that the respondents while promoting 78 officers in SM Scale-IV on 17.02.2004, 3 officers on Review Appeal thereafter in 2004, 90 officers on 25.02.2005 and 16 officers thereafter on Review Appeal in 2005, wrongly, illegally, and deliberately rejected such promotion to the petitioner after overlooking his seniority and exemplary performance and promoted officers with lower performance including a large number of his juniors.

(2.) THE case of petitioner is that he had joined Indian Overseas Bank (hereinafter called respondent Bank) as Probationary officer on 16.08.1978 and was placed from the same date in Junior Management Scale-I. The petitioner was promoted by the Bank to Middle Management Scale-II from 01.01.1990, to Middle Management Scale- III from 03.06.1998 and his seniority number was 421, as all these details are evident from Bank Seniority list in MM Scale-III as on 01.09.2002, which is annexed as Annexure I.

(3.) FOR the purpose of assessing performance of individual officers, the Performance Review System designed by the Bank was to be followed. The system of Appraisal may be reviewed at Banks discretion from time to time depending upon the trend and circumstances in the Banking Industry and the needs of Bank. Marks will awarded on the basis of rating under different parameters, given in the performance review reports for the last three years. The petitioner fulfilled all the eligibility criteria, and as such Bank called him to appear in Promotion Interview vide letter No.RO/STAFF/89/2003-04 dated 31.01.2004, which is annexed as Annexure IV. The petitioner appeared in the interview on 13.02.2004. However, the name of the petitioner was not included in the said list of promoted officers.