KENARAM BISWAS Vs. NADIA GRAMIN BANK

JUDGEMENT

(1.) These three Petitioners have prayed for the issuance of a writ of mandamus commanding upon the Respondents to cancel the Written Tests which were held on 04.09.2005 for considering the promotions of the Clerks to the Officer Cadre in Scale -I. The Petitioners have further prayed for the issuance of a writ of mandamus commanding upon the Respondents to hold fresh Written Tests through an experience and professional outside Agency in compliance with the Rules. The Petitioners have also prayed for cancellation of the panel of those candidates who have been shown to have qualified in the Written Tests and also to quash the entire process relating to the said Written Tests.

(2.) The facts, briefly stated, are that the Petitioner No. 1 joined as a junior Clerk -cum -Cashier in the Nadia Gramin Bank in 1984. He is now presently posted at the Rautari Branch. The Petitioner No. 2 also joined in the same capacity in the Nadia Gramin Bank in the year 1984 and is now posted at the Baganchra Branch. The Petitioner No. 3 also joined as junior Clerk -cum -Cashier in the year 1988 in the Nadia Gamin Bank and is presently posted at the Khidirpur Branch.

(3.) On 29.07.1998, the Government of India, Ministry of Finance, Department of Economic Affairs issued a Notification purporting to be in exercise of powers conferred under Sec. 29 of the Regional Rural Banks Act, 1976 read with Sec. 17 thereof, whereby and whereunder, while superseding the earlier "Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1988, it framed a new set of Rules in consultation with the National bank and other Sponsor Banks specified in the 2nd Schedule appended thereto and, which came to be known and named as the "Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1998."