ANIL KUMAR Vs. GORAKHPUR KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) AGGRIEVED by the non-promotion to the post of Senior Manager (Officer M.M.G.E.-II) the two petitioners have preferred this writ petition initially but it has been pressed before us only on behalf of petitioner No. 1 and therefore, is confined to him only.

(2.) THE petitioner No, 1-Anil Kumar was selected for the post of Officer in the Gorakhpur Chhetriya Bank in the year 1981 and after completion of training joined as Branch Manager on 3.1.1982. For promotion to the post of Officer M.M.G.E.-II, proceedings were initiated by the respondent No. 1 in the year 1997. Though there are no statutory rules framed laying down procedure and criterion for promotion yet the Bank have issued executive orders providing that criterion for promotion would be "seniority-cum-merit" and the officers having completed eight years of service would be eligible to be considered for such promotion. It also provides that the merit of the officer concerned shall be ascertained on the basis of the service record as well as interview. THE respondent-bank has prescribed certain marks for interview and service record etc. and it is also provided that those, who obtain 40% and above, shall only be treated suitable for promotion, but those, who secure less than 40% shall be unsuitable for promotion. THE petitioners, however, have not been selected and promoted to the post of Officer M.M.G.E.-II though large number of persons junior to them were promoted vide select list dated 6.8.1997. It is contended that the aforesaid promotion is wholly illegal inasmuch as instead of making promotion on the basis of "seniority-cum-merit", the respondent No. 1 has adopted the criterion of merit and has made comparative assessment of various officers and the promotions have been given accordingly.

(3.) IN para 8 of the counter-affidavit the respondents have stated as under : <DJG>"8. That as would be clear and evident from a bare perusal of the aforesaid rules, all officers who have completed 8 years service as officer in the answering respondent-Bank, would fall within the eligibility criteria; however, the selection mode for the said posts would be interview and assessment for the preceding 3 years period as officers for petitioner promotion."</DJG>