SURINDER KUMAR Vs. HIMACHAL GRAMIN BANK

JUDGEMENT

(1.) The petitioners who are Clerks in Himachal Gramin Bank have approached this Court under Articles 226/227 of the Constitution of India with a prayer that promotion of respondents No. 2 to 16 to the post of Field Supervisor may be set -aside and Himachal Gramin Bank may be directed to make fresh promotions in accordance with law. Respondents No. 2 to 16 were promoted on 26 -0 -1987 in pursuance to the selection made by the Departmental Promotion Committee on 6 -2 -1987.

(2.) The petitioners as well as respondents No. 2 to 16 were appointed as Clerks by direct recruitment from July, 1979 to November, 1980. Admittedly, in the cadre of Clerks, petitioners No, 1 and 2 are senior to respondents No. 2 to 10 and respondents No. 15 and 16, and petitioners No. 3 to 7 are senior to respondents No 2 to 10 Respondents No. 11 to 14 are senior to the petitioners. This has been stated on the basis of Annexure R -A filed by the Himachal Gramin Bank with its reply affidavit. Annexure R -A is a list of Clerks who completed six years of service on or before 31 -12 -1986 wherein the petitioners as well as the respondents have been placed according to their date of appointment.

(3.) The Himachal Gramin Bank was established under Section 3 of the Regional Rural Banks Act, 1976 Section 1? of this Act pertains to staff of Regional Rural Banks and reads as under : - "17. Staff of Regional Rural Banks s -(1) A Regional Rural Bank may appoint such number of Officers and other employees as it may consider necessary or desirable for the efficient performance of its functions and may determine the terms and conditions of their appointment and service : Provided that it shall be lawful for a Sponsor Bank, if requested so to do by a regional Rural Bank sponsored by it, to send, during the first five years of the functioning of a Regional Rural Bank, such number of officers or other employees on deputation to the Regional Rural Bank as may be necessary or desirable for the efficient performance of its functions : Provided further that the remuneration of officers and other employees appointed by a Regional Rural Bank shall be such as may be determined by the Central Government and, in determining such remuneration, the Central Government shall have due regard to the salary structure of the employees of the State Government and the local authorities of comparable level and status in the notified area. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947, or any other law for the time being in force, no award, judgment, decree, decision or order of any industrial tribunal, Court or other authority, made before the commencement of this Act, shall apply to the terms and conditions in relation to the persons appointed by a Regional Rural Bank. (3) The officers and other employees of a Regional Rural Bank shall exercise such powers and perform such duties as may be entrusted or delegated to them by the Board."