DEBA CHAKRABARTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners, who are the Scale-I officers of the respondent Bank, are aggrieved by the procedure adopted towards effecting promotion to the next higher grade (Scale-II ). Although the particular challenge made is in respect of Annexure- 'd' and 'e' promotion orders, both dated 31. 3. 2000, but in effect, the petitioners have questioned the legality and validity of the promotion of their juniors to Scale-I grade, which according to them, is by way of adopting a wrong procedure. There is no dispute that the promotion from Scale-I to Scale-II grade is made on the basis of the 'seniority-cum-merit'. There is also no dispute that considering the inter-se seniority of the petitioners vis-a-vis the private respondents, the petitioners are senior to some of the private respondents.

(2.) FROM the materials on record, what has transpired, is that the respondent Bank considered the case of promotion of the Scale-I eligible officers of the Bank in the year 2000 and on the basis of the assessment made, the promotion orders were issued. Annexures- 'd' and 'e' orders dated 31. 3. 2000 are two such promotion orders promoting the Respondents No. 8 and 9 as Scale-II officers. It is the grievance of the petitioners that, but for the wrong procedure followed, their juniors could not have been promoted in supersession of their claim on the basis of their seniority and minimum merit.

(3.) IT will be appropriate at this stage, to refer to the relevant rules governing promotion which is called the Regional Rural Bank (Appointment and Promotion of Officers and other employees) Rules, 1988. This rule provides for filling up of Scale-II posts, both by direct recruitment as well as by promotion on the basis of 50 : 50 ratio. Rule 6 (e) of the Rules, laying down the criteria for promotion, provides that the promotion would be made on the basis of interview and assessment of performance reports for the preceding 3 year periods. Rule 6 (a) of the Rules, dealing with the source of recruitment, provides that 50% of the promotional posts are to be filled up from amongst confirmed Field Supervisors on the principle of 'seniority-cum-merit'.