NASIB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner No. 1 Nasib Singh joined the Punjab and Sind Bank as a Probationary Officer on 23.3.1983. He has been serving the Bank since then and had been posted on different stations. Petitioner No. 2 Pritam Singh Kainth also joined the Bank on 2.4.1983 and is serving the Bank since then. They have been working as JMGS-I and are members of Scheduled Castes.

(2.) In exercise of powers conferred under Sections 19 read with Sub- Section 2 of the Section 12 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, regulations have been framed called as Punjab & Sind Bank (Officers') Service Regulations, 1982. Regulation 17(1) provides the promotion policy and reads :-

(3.) The promotion policy drawn by the respondent-Bank had been circulated to all the branches vide letter dated 16.9.1993. Paragraphs 5.2 specifically prescribed the mode of making promotions by normal channel. It contemplated that in the normal channel all officers who are eligible and fall within the zone of consideration would be required to undergo a written test to be conducted by the Bank or any other agency. The test is to be of 100 marks. Officers securing 40% marks in the written test would be offered promotion subject to availability of vacancies in the order of seniority. It also provided that if sufficient number of officers fail to qualify the written test, the minimum qualifying marks would be reduced to 35% or it may abandon the entire test as may deem fit and proper.