RAJESH KUMAR AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Three petitioners before this Court are aggrieved by the selection process initiated by the respondent bank for the post of Officer Scale-I. Since, common issues have been raised in all the three writ petitions therefore, the same are being decided together. For facility and convenience, the facts in Civil Misc. Writ Petition No. 6334 of 2003, Rajesh Kumar Agrawal v. Union of India & Ors. is being taken into consideration.

(2.) BRIEFLY stated the facts giving rise to the present writ petition is that is under Section 29 read with Section 17 of the Regional Rural Banks Act, 1976, the Regional Rural Banks (Appointment and Promotion of the Officers and other Employees) Rules, 1998 were framed, published and gazetted in supersession of the earlier Rules and circulars. These rules were adopted by the respondent bank on 17-5-2000 with the consent of the sponsored bank. Pursuant to the aforesaid Rules, the respondent bank on 14-10-2000 notified 20 vacancies to be filled up by way of promotion on the post of the Officer Scale-I. The petitioners are working as clerk-cum-cashier and, under the Rules, were eligible to be promoted on the post of Officers Scale-I. Under the Rules of 1998, 50% of the posts of the Officers Scale-I was required to be filled up by direct recruitment through Banking Service Recruitment Board and 50% by promotion. The promotion was required to be made on the basis of seniority cum merit. The Rules further provides the selection process and for facility, the relevant rules is quoted hereunder : ' (j) Selection Process for promotees :, The selection shall be on the basis of performance in the written test,, interview and five years Performance Appraisal Reports as per the division of marks given below : (A) Written, Test 70 marks (B) Interview, 20 marks (C) Performance Appraisal Reports, 10 marks Total marks, 100 marks (A) Written Test (70 marks), The candidates shall be required to appear for written test comprising test in English and is in Banking Law,, practice and procedures including working procedures in the Regional Rural Bank concerned. 70 marks allotted to written test shall be further divided as under : English 35 marks Banking Law Practice and Procedures 35 marks Total marks 70 marks A list of only those candidates who secure a minimum of 40% marks each in English,, Banking Law,, practice and procedures shall be prepared. The Bank,, thereafter,, shall prepare the list of selected candidates in the order of seniority to the extent of two hundred percent of the vacancies for promotion for the purpose of calling for interview. (B) Interview (20 marks), There shall be no minimum qualifying marks in the interview. (C) Assessment of Performance Appraisal Report, The Performance Appraisal Reports for the proceeding three years of the concerned employees,, shall be considered. "

(3.) HEARD Sri I. M. Tripathi, the learned Counsel for the petitioner, Sri S. K. Singh, the learned Counsel appearing for the petitioner in other two writ petitions and Sri Yashwant Verma assisted by Ms. Roma Hamid for respondent Nos. 2 and 3.