SOMU VENKATA SIVA PRASAD Vs. CHAITANYA GRAMEENA BANK

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 of the Constitution of India for mandamus seeking a direction to declare the procedure adopted by the first respondent while making promotions from Scale -I Officer to Scale -II Officer in furtherance to Circular No.34, dated 20.04.1999 as arbitrary, illegal, unconstitutional and to set aside the promotions of the respondents 2 to 20 and also to issue a consequential direction to the first respondent to make promotions afresh by strictly following the rule of seniority -cum -merit.

(2.) THE short facts necessary for considering the issue involved in the present writ petition may be stated as follows:

(3.) THE petitioners and respondents 2 to 20 joined as Scale -I officers in the year 1984 in the first respondent bank. Their next promotion was to the officers of Scale -II and the criterion of promotion is seniority -cum -merit. In the year 1995 the first respondent gave promotions to Scale -II Officers in respect of 8 vacancies. But, the said promotions were set aside by the orders in W.P.Nos.10500 of 1995 and 14459 of 1995. Thus, the 8 promotional posts fell vacant for consideration afresh by virtue of the orders passed in the aforesaid writ petitions. Subsequently, 12 more vacancies arose in the years 1996, 1997 and 1998. The first respondent issued Circular No.34, dated 20.04.1999 contemplating to fill up 20 vacancies on the basis of seniority -cum -merit. It was also mentioned in the circular that the selection for the 8 posts of the year 1995 will be taken up first and the selection for the remaining 12 posts will be taken up later. It was also mentioned that the unsuccessful candidates pertaining to the selection to the 8 posts would be considered for the next selection of the 12 posts, but the marks obtained by them in the earlier interview alone will be considered for the next interview and they need not appear for fresh interview. 60 marks were allotted for performance and 15 marks were allotted for interview. It was stipulated that 50% of the total marks will have to be obtained for being considered for promotion subject to obtaining of at least 33.33% marks allocated to the interview i.e. 5 marks in the interview. In the present writ petition the criteria mentioned in the circular for promotion stating it to be on seniority -cum -merit basis is challenged as illegal, arbitrary and contrary to rule of seniority -cum -merit.