GIREESH KUMAR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing order dated 28.05.2003 (Annexure P-7) promoting the private respondents No. 4 to 17 as Officers Scale I in preference of the petitioners, who claim to be senior to the respondents. It has further been prayed that a direction be issued to consider and promote the petitioners from the date the private respondents have been promoted with all consequential benefits.

(2.) Brief facts necessary for the disposal of the controversy raised in the instant petition are that the petitioners are working on the post of Clerk-cum-Cashier. For further promotion to the post of Officer Scale I, 25 posts till 31.03.2000 became available, as is evident from the circular dated 25.02.2002 ( Annexure P-3). During the following year i.e till 31.03.2001, 20 more vacancies arose. Accordingly, a written test for 45 posts was held on 10.02.2002. The result of the written test was declared vide circular dated 04.03.2002 ( Annexure P-4). The case of the petitioner is that new promotion policy was notified on 29.07.1998 and 10 posts in the cadre of Officers Scale I were available prior to that date and therefore 10 posts were filled up on the basis of the policy/rules existing prior to 29.07.1998 as is evident from the circular letter dated 14.05.2002 ( Annexure P-5).

(3.) The petitioner has claimed that under Section 29 read with Section 17 of the Regional Rural Bank Act, 1976 (for brevity "the Act"), Regional Rural Banks ( Appointment and Promotion of Officers and other Employees) Rules, 1988 (for brevity "the Rules"), were framed by the Government of India, Ministry of Finance on 29.07.1998 ( Annexure P-1). A detail reference has been made in the petition to Rule 12 which provides for promotion on the basis of seniority-cummerit.