AJIT CHOUBEY Vs. SHARDA GRAMEEN BANK

JUDGEMENT

(1.) These three petitions involve common question of facts and law, therefore, are being disposed of by this common order.

(2.) Petitioner of W.P. No. 86/2001 P.K. Dubey claims that he was appointed on the post of Officer Scale I by the first respondent Sharda Grameen Bank w.e.f. 20.2.1981. Petitioners of W.P. No. 7011/2000 Sobran Singh Choudhary and Nanhelal Suman claim to have been appointed by the first respondent Bank on the post of Branch Manager w.e.f. 21.1.1981. Petitioners of W.P. No. 7210/2000 Chandra Kant Sharma, Sarman Lal and Ajit Choubey claim to have been appointed by the first respondent Bank on the post of Officer Scale I w.e.f. 2.4.1980, 23.9.1980 and 27.9.1980 respectively. The petitioners are aggrieved by promotion of their juniors (private respondents) to the scale II post by the Staff Selection Committee ignoring seniority of the petitioners and contrary to the criteria of seniority cum merit fixed for the promotion.

(3.) The first respondent Sharda Grameen Bank, Satna is a Regional Rural Bank. The impugned promotions from Scale I Officers to Scale II Officers of the first respondent Bank are governed by Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1988 (for short the Rules) framed by the Central Government in exercise of power conferred by Section 29 read with Section 17 of the Regional Rural Banks Act, 1976. Schedule II of the Rules provides for Regional Manager/Senior Manager which is a Scale II post. As per the Schedule II of the Rules the source of Recruitment on the Scale II post is 100 % by promotion on the basis of criteria of 'seniority cum merit' from amongst confirmed officers of the Bank and in case of non-availability of the eligible officers in it, on temporary basis from other Sponsor Banks, or from other Banks or organizations on deputation. The method prescribed for ascertaining the minimum necessary requirement for promotion by seniority cum merit is interview and assessment of performance reports for the preceding three years.