RAJEEV RANJAN TRIPATHI Vs. PURVANCHAL GRAMIN BANK

JUDGEMENT

(1.) By the Court.-heard Shri Shashi Nandan, Sr. Advocate assisted by Shri Sudhanshu Pandey for the petitioners. Learned Standing Counsel appears for the State respondents. Shri Ashok Khare, Sr. Advocate assisted by Shri Aditya Kumar Singh appears for the private respondent Nos. 3 to 17.

(2.) The petitioners are serving as Office Assistants in different branches of Purvanchal Gramin Bank. By this writ petition they have prayed for quashing the select list dated 10.9.2009, issued vide the Circular No. 82, by the General Manager of the Bank for promotion on the post of Officer Scale-l'. They have also prayed for preparing a fresh list of selection, for promotion on the criteria of 'seniority-cummerit' as provided in Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1998, and in accordance with the Circular of Advertisement dated 21.5.2009.

(3.) The Purvanchal Gramin Bank is one of the Regional Rural Banks constituted under Section 3 of the Regional Rural Banks Act, 1976. The bank is sponsored by the State Bank of India with headquarters situated at gorkhapur. The employees of the bank for the purposes of appointment and promotion are regulated by Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1998 notified on 29.7.1998 vide Circular No. 31 dated 21.5.2009. The General Manager of the bank issued a notification for promotion of employees serving in the Clerical Grade (Office Assistant), to the post of Officer Scale-l. The notification proposed to fill up 23 vacancies by promotion from the clerical grade on the criteria of 'seniority-cummerit', in accordance with the Rules of 1998. The selection was to be made by holding a written test, interview and assessment of the performance of work by a Selection Committee consisting of Chairman of the Bank, a Director nominated by the Bank, and Director nominated by a Nationalised Bank. If there was no Scheduled Castes or Scheduled Tribe member of the Board, the member belonging to the Scheduled Caste and Scheduled Tribe was to be nominated to take part in the proceedings of selection. The selection was based on a total of 100marks out of which 70 were fixed for written examination, 20 for interview and 10 for appraisal of work