K.MUTHURAJ Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) THE Petitioners have preferred the instant Writ of Certiorarified Mandamus calling for the records of the the First Respondent/Indian Overseas Bank, Central Office, 763, Anna Salai, Chennai -600 002, in connection with its promotion policy for officers 2012 is concerned and to quash the same in so far as the impugned policy requires a minimum of 75% marks in APAR for each of the three years required for eligibility for the officers in SMG Scale IV for promotion to SMG Scale V is concerned. Further, they have sought for passing of an order by this Court in directing the First Respondent -Bank not to implement the said promotion policy based on APAR marks awarded without adhering the law laid down by the Hon'ble Supreme Court of India in Dev Dutt v. Union of India, (2008) 8 Supreme Court Cases 725 and Others and reiterated in Abhijit Ghosh Dastidar v. Union of India and Others, (2009) 16 SCC 146 and enunciated in the circular of the Third Respondent in Ref. No.5(1)/2000 -GM, Office Memorandum dated 28.05.2009.

(2.) THE Summary of Writ Facts:

(3.) THE Learned Senior Counsel appearing for the Petitioners urges before this Court that the First Respondent -Bank had not communicated the APAR marks for the years 2009, 2010 and 2011 and only when the call letters were given to the Petitioners for the purpose of attending the interview on 21.07.2012, the Petitioners came to know of the fact that they were not being permitted to take part in the selection process. That apart, the call letters were sent on 21.07.2012 for the interview to be held on 23, 24 and 25th of July 2012.