ASHWANI GUPTA Vs. UNION OF INDIA ETC.

JUDGEMENT

(1.) We have heard the learned counsel for the parties at length and perused the paper-book.

(2.) The grievance of the petitioner is that inspite of being senior to respondent Nos. 7 to 16, he has not been promoted to Junior Management Grade Scale-I (JMGS-I). The promotion from the post of Clerk to JMGS-I is to be made on the basis of selection criteria laid down in the Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1998, which has been adopted by respondent No. 4-Bank on 4.10.1999. The promotion policy lays down that promotion shall be made on the basis of seniority-cum-merit. The selection process for promotees is given in Clause (J), as under :-

(3.) Mr. Gupta, learned counsel for the petitioner, has vehemently argued that the petitioner could not have been ignored from promotion as the criteria for promotion is seniority-cum-merit. The respondents, therefore, could not have fixed a bench mark. In support of the submission, the learned counsel has relied on judgment of the Supreme Court in the case of B.V. Sivaiah and others etc. v. K. Addanki Babu and others, 1998 AIR(SC) 2565.