PARESH CHANDRA SARMA Vs. PRAGJYOTISH GAONLIA BANK

JUDGEMENT

(1.) These two writ petitions, namely WP(C) No. 742/2005 and 743/2005 are based on similar set of facts and raises identical question of law. Hence, both the cases were heard together and are being disposed of by this common judgment and order. Issue involved is promotion from the rank of Officer Scale-II to Officer Scale-III in the Pragjyotish Gaonlia Bank. By impugned order dated 08.12.2004 issued by the Chairman of the Pragjyotish Gaonlia Bank, respondents 3 to 11 in both the cases have been so promoted ignoring the case of the petitioners who were admittedly senior to the said respondents in the feeder cadre of Officer Scale-II.

(2.) Relevant facts necessary for adjudication of the two cases are briefly noted hereunder.

(3.) Pragjyotish Gaonlia Bank (Bank) is a Regional Rural Bank established under Section 3 of the Regional Rural Bank Act, 1976, having its Head Office at Nalbari, United Bank of India is the sponsoring bank. Matters relating to appointment and promotion of officers and staff of Regional Rural Banks are governed by a set of rules called Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1998. Rule 5 provides for determination of the number of vacancies in each category of posts to be filled up by the Board of Directors (Board) in consultation with the sponsoring bank. As per Rule 6, all vacancies determined under Rule 5 shall be filled up by promotion or by direct recruitment in accordance with the provisions contained in the Rules and the third schedule to the Rules. According to the third schedule, recruitment to the post of Officer Scale-III, which is a group-A post, shall be 100% by way of promotion. Promotion shall be made on the basis of the criteria "seniority-cum-merit". The eligibility criteria prescribed for such promotion is that the candidate should have 7 years service on regular basis in Officer Scale-II. However, the Board has been empowered with prior approval of the sponsoring bank to relax the qualifying service for a period not exceeding 2 years if eligible officers are not available. Mode of selection prescribed is that selection shall be made by the Departmental Promotion Committee (DPC) on the basis of interview and assessment of performance appraisal report for the proceeding five years as a Scale-II Officer.