P L N SARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is at present working as an officer in Middle Management Grade Scale III and who was an officer in Middle Management Grade Scale n at the time of filing this writ petition, has prayed for a declaration that non- inclusion of his name for promotion to the cadre of MMGS-in in the proceedings MD/ED/15/87 dated 20-8-1987 of the third respondent which was affirmed by the second respondent in his letter dated 31-10-1987 and letter No.Ed/F/06.16/88 dated 9-1-1988 is arbitrary, unconstitutional and is violative of Articles 14 and 16 of the Constitution of India. Further,the petitioner has sought a direction to the respondents 2 to 5 to include his name at the appropriate place in the proceedings dated 20-8-1987 of the third respondent referred to above and grant him all the consequential benefits arising out of such inclusion.

(2.) The petition averments disclose that the petitioner joined the services of the respondent-bank on 3-1-1970 as a clerk at the Masulipatnam branch and he was promoted on 18-4-1974 as Junior Officer Grade Scale I and worked between 18-4-1974 to July, 1974 in the Berhampur branch in Orissa State which is an Urban centre, and for the period between Jury, 1974 and March, 1975 he worked in Burra Bazar branch, Calcutta which is a Metropolitan centre. Between April, 1975 and July, 1978 he had worked as Manager at Buguda in Orissa State which is a rural centre. The petitioner worked as Manager between August, 1978 to May, 1981 to Middle Management Grade Scale n from the Junior Management Grade Scale I. The petitioner continued as Manager at Kurnool branch between May, 1981 to November, 1983. In December, 1983 the petitioner was posted as Assistant Chief Officer which is equivalent to Middle Management Grade Scale n post in the Zonal Office, Hyderabad and ever since then till he filed the present writ petition he had been continuously working in the said post. At the time of hearing it was stated by the petitioner that during the pendency of the writ petition on 10-10-1992 he was promoted as an Officer of Middle Management Grade Scale HI.

(3.) Promotion from Middle Management Grade Scale n to Middle Management Grade Scale III is governed by the provisions of Regulation 17 of the Indian Bank (Officers) Service Regulations 1979, hereinafter shortly referred to as 'the Regulations', and the guidelines issued by the Government of India in exercise of the power conferred upon it under Regulation 17. The said Regulation was issued in exercise of powers conferred by Section 19 read with Sub-section (2) of Section 12 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 by the Board of Directors of the Indian Bank in consultation with the Reserve Bank of India and with the previous sanction of the Central Government. Regulation 17 provides that the promotions to all grades in the Bank shall be made in accordance with the policy laid down by the Board of Directors of the Indian Bank from time to time having regard to the guidelines issued by the Government of India if any.