JAYENDRA MULJIBHAI PATEL Vs. SURAT BHARUCH GRAMIN BANK

JUDGEMENT

(1.) IN this petition, under Article 226 of the Constitution of India the petitioners have challenged the circular dated 23rd October 1999. The petitioners have also challenged the promotions granted in favour of certain other employees on the basis of the said circular dated 23rd October 1999 which is impugned in the petition.

(2.) IT is submitted that the services of the emoloyees in the respondent bank are governed by rules framed in exercise of powers under section 29 of the Regional Rural Banks Act. He also submitted that in exercise of the said powers, rules came to be notified by virtue of notification dated 28th September 1988 and that the said rules contain provisions regarding promotion also. It is further submitted that subsequently in 1999 the respondent bank has attempted to effect change in the rules by issuing circular. A contention has been raised that the action is unauthorised and notified rules cannot be amended by virtue of circular.

(3.) THE petition came to be admitted by order dated 18th September 2009. It emerges from the record that during the pendency of the petition being Special Civil Application No. 1188 of 2001 was preferred seeking relief that similar circular dated 16th January 2001 be stayed and the respondent bank may be restrained from implementing the said circular as well as from issuing such circular in future. The said application was subsequently withdrawn by the applicants- petitioners.