(1.) In this writ petition, the legality of the procedure for promotion of officers from Scale- I to Scale-II in the Tripura Gramin Bank contained the Circular dated 18/03/02 and the promotion of the private respondents on ad hoc basis to the scale-II officer by the office order No. 426/03 dated 4/11/2003 have been called into question.
(2.) Heard Mr. C. S. Sinha, learned Counsel assisted by Mr. D. C. Roy, learned Counsel for the petitioners. Also heard Mr. S. Deb, learned senior Counsel, Mr. K. N. Bhattacharjee, learned senior Counsel, Mr. S. Saha, Mr. K. P. Bhowmik, Mr. R. C. Debnath, Mr. J. Islam, Mr. Somik Deb and Mr. S. Choudhury, learned counsel for the respondents.
(3.) The material facts of the case are not in dispute. The petitioners No. 1, 2, 3 and 4 were initially appointed as Filed Supervisors on different dates and were subsequently promoted to Scale-1 officers on various dates. The petitioners No. 5,6 and 8 were initially appointed to the post of Junior Clerks and promoted to Scale-I officers on various dates. The petitioner No. 7 was directly appointed as Scale-I officer on 28/1/1983 and is now holding the post of Scale-II officer on officiating basis and posted as Branch Manager, Tripura Gramin Bank, Dhaleswar Branch, Agartala, West Tripura. As of now, all the petitioners are holding the substantive posts of Scale-I officers otherwise known as Junior Management officers, Grade-I. The Tripura Gramin Bank was constituted under the Rural Banks Act, 1976 (A Central Act) and is sponsored by the United Bank of India. The next promotional post of the Junior Management officer, Grade-I is Area Manager/Senior manager, which is also known as Middle Management Officer, Grade-II. The procedure for promotion of Junior Management officer, grade-I to Middle Management, Grade-II post is regulated by the Circular No. TGB/HO/P&A/Promotion-50/Cir-7/3529/ 2002 dated 18/3/2002 issued by the Tripura Gramin Bank. In this circular, it was stated that the promotion process for promotion to the post of Middle Management Officer, Grade-II could be held shortly for filling up 43 vacancies and that the source of recruitment is cent percent by promotion from among the officers of the Bank and further that the criteria for promotion would be seniority- cum-merit. The eligibility for the post in terms of the said circular is a graduate from a recognized University or any other equivalent qualification as recognized by the Govt. of India and preference was to be given to the Agriculture or Commerce or Economic graduate. The circular further provided weightages for various factors.