BRIJLAL DAS Vs. PRAGJYOTISH GAONLIA BANK

JUDGEMENT

(1.) The unsuccessful writ petitioner No. 2 in the Civil Rule No. 1601 of 1998 filed Writ Appeal against the judgment and order of the learned Single Judge dated 17.7.2002 wherein the learned Single Judge held that the writ petitioner No. 2, Brijlal Das was undergoing punishment in the year 1997 and hence the case of the writ petitioner No. 2 was not considered in the year 1997 for promotion to the Officer Scale II and also that as the punishment had ceased in the year 2000 the respondents are directed to consider his case for promotion as per Rules & Regulations. The writ petitioner No. 1 had not filed the Writ Appeal as he had been promoted subsequently to the next higher post of the Officer Scale-II.

(2.) The present appellant/writ petitioner No. 2 and another i.e. writ petitioner No. 1 filed the Writ Petition i.e. CR No. 1601 of 1998 basing on the fact that the appellant/ writ petitioner No. 2 joined the Pragjyotish Gaonlia Bank, a Banking Company constiluted under the provisions of the Regional Rural Banks Act, 1976 as Officer Scale-I on 1.2.1982. The next higher promotion from Officer Scale-I is Officer Scale-II. The Chairman of the Pragjyotish Gaonlia Bank issued an office circular dated 8.4.1986 regarding internal promotion of the officers of the bank. In para-3 of the office circular dated 8.4.1986. it is clearly mentioned that reservation of posts for Scheduled Tribes/Scheduled Castes should be according to the State Government Rules. It is said that there were 18 (eighteen) vacancies in the posts of Officer Scale-II in the Pragjyotish Gaonlia Bank. For filling up those eighteen vacancies in the post of Officer scale-II the Chairman, Pragjyotish Gaonlia Bank issued office circular dated 31.5.1995 about the internal promotion from Officer Scale-I to Officer Srale-II stating interalia that the total number of candidates to be called for interview would be four times the number of vacancies and SC/ST officers who are senior enough in the zone of consideration for promotions so as to be within the number of vacancies for which the select list has to be drawn up would be included in the list provided they are not considered unfit for promotion. From bare perusal of the said office circular dated 31.5.1995 it is clear that the case of the officers belonging to SC & ST would be considered only when they are within the zone of consideration for promotion to the said eighteen vacancies in the Officer Scale-II.

(3.) The Bank also prepared final interne seniority list of officer Scale-I of the Pragjyotish Gaonlia Bank as on 31.3.1997 which had been circulated under a letter of the Chairman dated 31.3.1997. In that final inter-se seniority list name of the appellant/writ petitioner No. 2 appeared at s1. No. 39 whereas the name of respondent Nos. 3 to 19 appeared at s1. Nos. 1, 3, 5, 7, 11, 13, 17, 18, 21, 24, 25, 26, 33, 36, 64, 62 and 63 respectively.