LAWS(GAU)-2003-9-42

AMITAVA BHATTACHARJEE Vs. CHAIRMAN TRIPURA GRAMIN BANK

Decided On September 03, 2003
AMITAVA BHATTACHARJEE Appellant
V/S
CHAIRMAN, TRIPURA GRAMIN BANK Respondents

JUDGEMENT

(1.) This application under Art. 226 of the Constitution of India filed by the petitioners is directed against the direction contained in the circular issued by the Chairman, Tripura Gramin Bank dated 18.3.2002 for following the procedure of the Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules. 1988 in the matter of promotion of Scale I officers to Scale n officers of the Tripura Gramin Bank with a prayer to issue a writ directing the Tripura Gramin Bank to adopt the method of promotion in terms of the new Rules framed by the Central Govt. on 29.7.1998 contained in the circular dated 30.6.1999.

(2.) The brief facts of the case are that the petitioners are holding the rank of officers Scale I under the Tripura Gramin Bank which is a Bank constituted under the Regional Rural Banks Act, 1976 and that the said Bank is sponsored by the United Bank of India. The petitioners state that they are eligible for promotion to the rank of Officer Scale n. The appointment / promotion etc. in the Tripura Gramin Bank is regulated by the Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1988 framed by the Govt. of India, Ministry of Finance, Department of Economic Affairs (Banking Division) as per provisions of Section 29(2)(ba) of the Act.

(3.) The petitioners further state that in terms of the 1988 Rules, there is no procedure laid down for promotion of Scale I officers to Scale 2 officers because at the time of framing of the said Rules, there was no such posts or designation, which was introduced later on and as a matter of fact, no promotion from Scale I officer to Scale 2 officer was ever made in the Tripura Gramin Bank under the aforesaid Rules. The petitioners also state that anew Rules for recruitment/promotion was made by the Central Government on 29.7.1998 in which the method of recruitment/promotion from Scale I officer to scale II officer was provided and the same was reproduced by the Tripura Gramin Bank vide letter dtd. 30.6.1999. The petitioners submit that the Chairman of Tripura Gramin Bank vide its Circular dtd. 18.3.2002 has informed that the promotion process in respect of Scale-II officer would be held shortly for filling up 43 vacancies in Scale II posts and that the promotion process was to be made in accordance with the provisions of 1988 Rules. It is the case of the petitioners that the said Circular is illegal inasmuch-as the Board of Directors of Gramin Bank has no authority or jurisdiction to change or modify the new Rules adopted for promotion of Scale n officers. The petitioners also submit that the respondents are under the obligation to follow the new Rules which are mandatory in nature and, as such, Circular in question is to be quashed and that an appropriate direction be issued to Tripura Gramin Bank to follow the new Rules for promotion of Scale I officer to Scale n officers. The petitioners further contend that inasmuch as the new Rules contemplates that the number of Scale I officer to Scale II to be considered for promotion be restricted to four times the number of vacancies available, the said method is contrary to the Rules in force, and, as such, the same is liable to be declared as illegal and ab initio void. The petitioners submit that the impugned circular is illegal, arbitrary, mala fide and ultra vires, the Rules in force. The representation made by the petitioners for not giving effect to the impugned Circular have not been disposed of till now. Hence the writ petition.