LAWS(CAL)-2004-8-72

PRABHAT KUMAR BANOOPADHYAY Vs. BARDHAMAN GRAMIN BANK

Decided On August 17, 2004
Prabhat Kumar Banoopadhyay Appellant
V/S
Bardhaman Gramin Bank Respondents

JUDGEMENT

(1.) Two persons have joined together in this writ petition. Their common grievance is regarding the selection process through which Respondents 6 to 21 were promoted.

(2.) On November 24, 1999 Bardhaman Gramih Bank (the first Respondent) initiated a selection process for promotion to sixteen vacancies in the grade, of scale -11 officer. It was to be governed by the Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1998. The selection was to be made on senidrity -cum -merit basis. Before initiating the process no qualifying marks (by way of benchmark) had been fixed by the bank. It rather proceeded with the process for making selection on the basis of marks to be obtained by the candidates in the 100 marks selection test, which comprised a written test (60 marks), interview (20 marks) and performance appraisal reports (20 marks). In the written test in all eighteen candidates (including the two Petitioners) qualified. All the eighteen candidates were interviewed on June 19, 2000. The selection committee was constituted by four members, and three of them were also members of the board of directors -of the bank. After seeking and obtaining advice from NABARD, the bank in its board meeting held on December 15, 2000 fixed the benchmark for the purpose of making the selection. It was fixed at 50. In merit position the two Petitioners were fifth and sixth amongst the eighteen interviewed candidates. Because of the benchmark rixed at 50 the two Petitioners did not get the promotion, as the other sixteen candidates, allot whom scored 50 or above in the test, were senior to them. Feeling aggrieved they took out the present writ petition.

(3.) While admitting the writ petition order was passed to the effect that promotions given in terms of the selection process would abide by the final decision in it.