BIMLA MALHOTRA Vs. HIMACHAL GRAMIN BANK

JUDGEMENT

(1.) Petitioners Smt. Bimla Malhotra, N.L. Sharma, Ravinder Prasad Bhardwaj and Surender Kumar Dhiman have filed this writ petitions under; Article 226/227 of the Constitution of India to seeking the following reliefs: -

(2.) It is the case of the petitioners that they are working as Managers (Scale -I Officers) in different branches of the respondent -Bank in the State of Himachal Pradesh. They are successfully discharging their duties to the best of their ability and to the entire satisfaction of their superiors. The petitioners are fully eligible and qualified persons to be promoted to the posts of Area Managers/Senior Managers (Scale -II Officers) in terms of Regional Rural Banks (Appointments & Promotion of Officers and other employees) Rules, 1988 (for short Rules 1988). The criteria for promotion to the post of Area Manager/Senior Managers (Scale -I I Officers) is on the basis of seniority -cum -merit. According to the petitioners there were 15 vacancies of Area/Senior Managers (Scale -II Officers) in the respondent Bank on 31.3.1998. Respondent -Bank had promoted officers upto serial Nos. 16 figured in the seniority list marked Annexure P -1, but the petitioners who are next in the seniority list were not promoted to the higher posts in terms of Rules 1988. The Govt. of India, Ministry of Finance, Department of Economy Affairs (Banking Division) framed the Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1998 (for short Amended Rules 1998) in exercise of the powers conferred by Section 29 of the Regional Rural Banks Act, 1976 (21 of 1976) read with Section 17 thereof and in suppression of Rules 1988. A copy of the Amended Rules is placed on record as Annexure :P -4. The Board of Directors of the respondent -Bank in its meeting held on 24.10.1999 have adopted Amended Rules 1998 to form part of Model Staff Service Regulations of the respondent -Bank as per decision conveyed to all the Branches in Himachal Pradesh vide communication dated 15.11.1999 (Annexure :P -5). The grievance of the petitioners is that 15 vacancies of scale -ll officers lying vacant on 31.3.1998 ought to have been filled up by respondent -Bank, according to Rules 1988 and the action of the respondent -Bank applying Amended Rules 1998 for filling up those vacant posts is arbitrary, un -just discriminatory.

(3.) Reply to the writ petition has been filed by Shri B.L. Kapila, Chairman of respondent -Bank in which preliminary objection raised was that the writ petition is liable to be rejected on the sole ground that the petitioners are guilty of suppressing material facts from the court. The stand of the respondent -Bank is that all the petitioners along with other eligible employees appeared in the written test for the posts of Senior Managers/Area Managers/MMG -II on 27.2.2000 pursuant to the decision of the Board of Directors taken in their meeting held on 23.12.1999 (Annexure:R -1) and in accordance with Amended Rules 1998, but they could not successfully pass the written test.