LAXMAN KOTNALA Vs. GANGA YAMUNA GRAMIN BANK

JUDGEMENT

(1.) B. S. Verma, J. By means of this writ petition, the petitioner has prayed for writ of certiorari calling for the records and quash ing the order dated 6-5-2000 passed by Respondent No. 1 promoting Respond ent Nos. 2 and 3 on the post of Middle Management Scale-11 in the Bank and further a writ of certiorari quashing the impugned circular (Annexure no. 7. to the petition) issued by Chairman, Ganga Yamuna Gramin Bank, Dehradun, Re spondent No. 1.

(2.) BRIEFLY stated, facts of the case are that the petitioner was appointed as Probationary Officer in Ganga Yamuna Gramin Bank (hereinafter referred to as Bank), Dehradun. During the probation period, he was given the charge of Branch Manger, Branch Naitwar, District Uttarkashi. The petitioner completed his proba tion successfully and was confirmed on the post of Probationary Officer in the service w. e. f. 6-1-1988 vide order dated 25-1-1988. At present the petitioner is posted as Branch Manager in the Bank Branch Nagni, District Tehri Garhwal. On 4-12-1999, the Respondent No. 1 issued a seniority list of Probationary Officer of the Bank and in the said list the name of the petitioner was at SI. No. 7. The post of the Branch Manager on which the petitioner is working since 1986 belongs to Junior Management Scale-1 in the Bank and the person working on the said post is to be promoted to the post of Middle Management Scale-11 in the Bank.

(3.) CLAUSE 5 of the said Circular dated 5-5-1999 provides for interview which provides that the candidates for interview shall be called three times of the total vacancies and it further provides that the Selection Committee shall evaluate the officer on the basis of work knowledge, knowledge about the responsibility of the present post and efficiency to hold the higher responsible post, zeal to work in a leading capacity, ability to take a decision and communication skill. Thus, the cir cular gives a detailed procedure for assessment of the suitability of the officer for promotion. This Circular dated 5-5-1999 contained in Annexure No. 6 to the writ petition has been modified by the impugned circular dated 11- 11-1999. The valid ity of this circular dated 11-11-1999 is under challenge and the procedure adopted in accordance with the said circular dated 5-5-1999 is also under challenge in this writ petition as the petitioner has been superseded on account of the said proce dure. It will be useful to reproduce the Circular dated 11-11-1999 in verbatim:- "for All the branches of Ganga Yamuna Rural Banks Ganga Yamuna Rural bank Letter No. : Personnel/99/13 Head office Gandhi Road, Dated : 11-11-1999 Dehradun-248001 Telephone : 659151/654656 Office Supervisor Procedure is to be adopted for promotion from Junior Managers Cat egory-1 to Medium Managers Category-2. Please take reference to our circular letter no. Personnel/99/06 dated 5-5-1999, on the subject noted above, in which it has been mentioned that according to the criteria prescribed by NABARD, 5 branches in 31-3-1997 and 2 branches in 31-3-1998 have been categorized in our bank and the permission to make promotions on 7 posts has been given by the Board of Directors according to Rules of Promo-tion- 1988 of Government of India and Sponsored Bank. Procedure is to be adopted separately for 5 posts created in 31-3-1997 and 2 posts created in 31-3-1998, Proce dure of selection for 5 posts will be completed first. Amendment in some items mentioned in the above circular letter, has been made in the meeting of Board of Directors dated 28-10-1999. The items which have been amended are given below:- Item no.-4 Selection Procedure (page-1) The selection will be made according to the assessment of work done within last 3 years and on the basis of interview. The determination of marks for different items will be as under :- Items Maximum Marks (a) Assessment of work done and confidential report for last 3 years 70 (31-3-1995,31-3-1996 and 31-3-1997 for 5 posts) (31-3-1996, 31 -3-1997 and 31-3-1998 for 2 posts) (b) Interview 30 Total : 100 3. Zone of selection (page-3) : The candidates who are not declared as unfit for promotion and who are included in the area of consideration, will be enlisted on the basis of seniority. The candidates, whose names will appear in the above list, three times of the vacant posts, the zone of selection will create after including them. 4. Select List : All the eligible candidates of merit will be enlisted in order of their seniority. In selection procedure of both the two phases, the marks obtained in assessment of work done and interview after mentioning separately will be added. Thus, the marks ob tained by each candidate shall be shown out of total marks of 100. According to the Rules dated 20-9-1988 issued by Government of India and circular letters issued by NABARD, that the basis of selection would be the seniority which means that the senior is to be selected first from the qualified candidates. Thus, the candidates who obtain 70 or more marks out of 100 will be considered for promotion from the seniority list amongst the pay scale of Junior Manager Grade/scale-1 in order of their merit. List of selected candidates be placed before the Board of Directors for approval. 5. Unfit for promotion ; The decision has been taken that the candidates who obtain less than 40% marks i. e. who will obtain less than 28 marks out of 70 in work done and reporting, will be declared as unfit for promotion i. e. the names of those candidates will be included in the list for promotion only who obtain 28 or more marks out of 70 marks in work done and reporting. Other selection procedure will remain same as before as is mentioned under our previous circular letter Personnel/99/06 dated 5-5-1999. According to the approved se lection necessary procedure relating to the promotion for 5 posts will be completed soon and the officers will be informed accordingly. All the officers will ensure to note the contents of the above circular letter. Sd/illegible (Avtar Krishna) President"