CHAIRMAN SAGAR GRAMIN BANK Vs. MANICKLAL BHOWMICK

JUDGEMENT

(1.) This appeal, at the instance of Sagar Gramin Bank (hereinafter called the 'Bank') has been filed against the Judgment and Order dated 18th May, 1995 passed by a learned Judge of the Writ Court, tn the said judgment, the learned Judge was, inter alia, pleased to hold that the denial of promotion to the petitioner and the co-petitioners on the basis of the criteria and the marks given to them in the interview and performance was in contravention of the principles laid down in the Seniority Rules and the relevant circular and as such is illegal. The learned Judge was further pleased to hold that the principles of Seniority-cum-Merit indicate that seniority will get preference. The learned Judge ultimately directed that the Bank should promote the writ petitioner and the co-petitioners to the post of Area Manager/Senior Manager with effect from the date the persons junior to them have been promoted. Against the said judgment the Bank filed its appeal and also a stay petition. By an order dated 9th July, 1996, a learned Division Bench of this Court was pleased to find that there was no prima facie case for stay of the order of the learned Single Judge and as such, the order was not stayed. But the learned Judges of the Division Bench made it clear that the promotion made in terms of the judgment under appeal, shall be subject to the final decision of the appeal.

(2.) It is not in dispute that in terms of the judgment passed by the learned trial Judge, the writ petitioner and the co-petitioners were promoted to the post of Area Manager/Senior Manager since 1997 and have been continuing in those posts for about seven years now.

(3.) The case of the Bank in assailing the said judgment was mostly built around interpretation of various circulars issued by NABARD and the Central Government from time to time as also a particular statute referred to hereinafter.