UTTAR BANGA KSHETRIYA GRAMIN BANK Vs. JAYNTA

JUDGEMENT

(1.) This appeal has been filed by the Uttar Banga Kshetriya Gramin Bank (hereinafter referred to as 'Bank') against the judgment of the learned Single Judge of this Court in W.P.No. 1151 (W) of 1999. It is stated that the learned Single Judge should not have allowed the writ application by quashing and setting aside the Circular dated 22nd June, 1998 and also should not have passed the direction upon the private respondents to be reverted back to their original post.

(2.) It is further pleaded that the learned Single Judge should not have allowed the writ application and should not have passed the directions upon the respondents/appellants herein, to immediately initiate the selection process for giving promotion in the post of 'MMG-II'. The Bank is also aggrieved against the following directions:-

(3.) It is also pleaded by the Bank that the learned Single Judge has failed to appreciate that the criteria of 'Seniority-cum-Merit' in the matter of promotion postulates that given the minimum necessary merit, requisite for efficiency of administration, the senior even though less meritorious shall have priority and a comparative assessment of merit is not required to be made. For assessing the minimum necessary merit the competent authority can lay down the minimum standard that is required and also prescribe the mode of assessment of merit of the employee who is eligible for consideration for promotion. Such assessment can be made by assigning marks on the basis of performance appraisal, on the basis of service records and interview and prescribing the minimum marks which would entitle a person to be promoted on the basis of 'Seniority-cum-Merit'.