DIPAK THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved by the refusal of the Respondent-Bank to promote the petitioner from clerical cadre to Scale-I Officer(Group A) on the ground of alleged misinterpretation of the relevant service rule and promoting the private respondents, the petitioner has approached this Court by filing this writ petition and challenges the action of the Respondent-Bank.

(2.) Heard Mr. R.P. Sarma, learned Senior Counsel for the writ petitioner. Also heard Mr. S. Dutta, learned Counsel for the Bank and Mr. P.Deka, learned counsel for the Respondent Nos. 7 and 10 and Respondent Nos. 13 to 18. Mrs. Phukan represents the State respondents.

(3.) The broad facts are not in dispute rather admitted one. The petitioner was appointed in the Respondent-Bank on 1.9.1981 as Clerk-cum-Cashier and since then he is serving in the said post. Under the relevant service rule the promotion to the cadre of Scale-I Officer is to be made on the basis of seniority-cum-merit. The set of rules known as Regional Rural Bank (Appointment and Promotion of Officers and Other Employees) Rules, 1998 framed in exercise of power conferred by Section 29 of the Regional Rural Bank Act, 1976 read with Section 17, governs the field.