SOUMENDRA NATH DAS Vs. RUSHIKULYA GRAMYA BANK

JUDGEMENT

(1.) THE petitioners, who are working as officers in the cadre of Junior Manager in Rushikulya Gramya Bank and posted in different branches of the Bank in Ganjam district, have filed this writ petition challenging the process of selection adopted by the Bank for promotion of officers from Juni6r Management -I (JM -I) scale to Middle Management -II (MM -II) scale on the ground that the same was done in an arbitrary manner and in violation of the statutory guideline issued by the Government of India in the Ministry of Finance (Banking Division).

(2.) THE petitioners are all officers of JM -I scale. According to them, they were eligible to be promoted to MM -II scale. Pursuance to the circular dated 23.6.2004 issued by the Head Office of the Bank vide Annexure -2 for promotion to various cadres including promotion to 17 posts in MM -II grade from JM -I grade/the process of selection was initiated with the issue of call letters to eligible candidates and also circular for written examination and interview. The admitted fact is that all these promotions are governed by a set of rules called the Regional Rural Banks (Appointment and Promotion of Officers and other Employees Rules, 1988 (for short 'the Rules'), vide Annexure -1, and the amended Rules of 2002. Rule 2 appearing in Third Schedule of the Rules, which governs the aforesaid promotions, is extracted hereunder:

(3.) BEFORE delving into the merits of the allegation so far as mala fide is concerned, let us first see whether there is any deviation of the Rules governing the field or whether the process of selection is in accordance with the Rules.