GOBINDA CHANDRA BARAL Vs. KALAHANDI ANCHALIKA GRAMYA BANK

JUDGEMENT

(1.) Both the writ petitions have been filed by the petitioners challenging the promotion of opposite parties 3 to 6 with a prayer for a direction to Opposite parties 1 and 2 to promote them as Area/Sr. Manager with effect from the date from which Opposite parties 3 to 6 being juniors promoted with consequential service benefits.

(2.) The brief facts of the case are that the State Bank of India (SBI) is the sponsor Bank of Panchabati Gramaya Bank and Kalahandi Anchalika Gramaya Bank (hereinafter referred to as 'KAGB'). The petitioners were working as Field Officers in that Bank. At that time, opposite parties 1 and 2 made advertisement for recruitment of Officers for KAGB. The petitioners also applied and consequently qualified. A merit list was published in which the petitioner in OJC No. 403/1996, Gobinda Chandra Baral, secured 3rd position and petitioner in OJC No. 413/1996, Gouranga Sahani, secured 1st position whereas opposite parties 3, 4, 5 and 6 secured 5th, 6th, 8th and 12th rank respectively. The selected persons were asked to submit their joining within a specified date. But both the petitioners requested for further time to join and therefore, they joined after the joining of opposite parties 3 to 6 which was allowed. However, they joined within the time allowed by the opposite parties 1 and 2. But in the year 1990, when even posts of Area/Sr. Manager by way of promotion on the basis of selection were to be promoted, the petitioners were treated juniors to opposite parties 3 to 6 and as such, opposite parties 3 to 6 were promoted but the petitioners were not promoted. Though the petitioners had secured more than qualifying marks but they could not know about the promotion of the opposite parties 3 to 6 as it was not informed to them. Anyhow they filed the instant writ petitions with above mentioned prayer.

(3.) Before proceeding further, it is necessary to peruse provisions of Regulation 13 of the Kalahandi Anchalika Gramya Bank (Staff) Service Regulations, 1980 framed under Section 30 of the Regional Rural Banks Act, 1976, which are quoted here under.