LAWS(ALL)-2005-2-188

RAMESH RAI Vs. CHAIRMAN S K G BANK

Decided On February 25, 2005
RAMESH RAI Appellant
V/S
CHAIRMAN, S.K.G.BANK Respondents

JUDGEMENT

(1.) This writ petition has been filed for quashing the circular dated 30.11.2004 which provides for minimum qualifying marks for promotion to be made on the basis of seniority-cum-merit and for quashing the promotion list (Annex. 5) by which the respondent Nos. 3 to 26 stood promoted.

(2.) The facts and circumstances giving rise to this case are that the petitioner had been working as a Branch Manager, Scale-II in a Bank (which has not been impleaded as a respondent). Further, promotion to Scale-Ill was to be made on the basis of the seniority-cum-merit as provided under the promotion policy dated 29.7.1998. On 30.11.2004, a circular was issued that the Board of Directors have given their approval for filling 26 vacancies of Scale-Ill in consonance with the promotion policy and it further fixed the minimum marks for promotion. The interviews etc. of all the candidates were held on 15.12.2004. Petitioner was also interviewed along with others but could not get promotion. However, the respondent Nos. 3 to 26 have been promoted. Hence, this petition.

(3.) Shri Ravi Kiran Jain, learned senior Counsel assisted by Ms. Swati Agarwal, learned Counsel for the petitioner, has submitted that the promotions were to be granted on seniority-cum-merit but by providing the criteria of fixing the marks in the promotion policy dated 30.11.2004, the policy has been converted into merit-cum-seniority, which is not permissible, and hence the said circular as well as the promotion list is liable to be quashed.