M B GRAMIN BANK Vs. RAJESH KUMAR MATHUR

JUDGEMENT

(1.) THIS order will govern the disposal of this batch of writ appeals which are analogously heard on the joint request of parties.

(2.) - By filing these writ appeals, challenge is made to the common order passed by the Writ Court in Writ Petition No.2025/2008(S) {Rajesh Kumar Mathur Vs. Madhya Bharat Gramin Bank and others}. In the writ petition, petitioner challenged the order dated 05 -03 -2008 by which appellants promoted about 57 officers from the post of JMGS -I to MM Scale -II. It was not in dispute between the parties that the appellants Bank is constituted under Regional Rural Bank Act, 1976. In exercise of powers conferred under Section 17 read with Section 29 of the said Act, Central Government framed the rules known as Regional Rural Bank (Appointment and Promotions of Officers and other Employees), Rules 1998 (hereinafter called as 1998 Rules). The criteria for promotion is "seniority -cum -merit". The relevant portion of the rules is reproduced by the Writ Court in its order. As per this rule, marks are allotted as under:

(3.) - This is admitted position between the parties that earlier 70% marks in aggregate were prescribed as benchmark which was reduced to 65%. The Writ Court after taking stock of various judgments on the subject opined that prescription of 65% marks is improper and does not match with the requirement of criteria of "seniority - cum -merit".