O.P.KOUNDAL Vs. PARVATIYA GRAMIN BANK

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner challenging Annexure PC, dated 15.3.2004, by which respondent No. 5 has been appointed to Scale III in the Parvatiya Gramin Bank- Respondent No. 1. A further prayer has been made by the petitioner that an appropriate direction/order be issued to respondent No. 1 promoting him against the said post and be granted all the consequential benefits ensuing therefrom. A prayer is also made for directions to be issued to the respondents directing them to produce the record of selection. The petitioner has averred that according to the Recruitment and Promotion Rules applicable to and governing the conditions of service of petitioner and respondent No. 5, Scale III posts which have been grouped together in Group A are to be filled in 100% by way of promotion to be made on the basis of seniority ­cum- merit. Petitioner submits that according to the Recruitment and Promotion Rules such promotion is to be made from Scale II officers on the basis of interview and assessment of Performance Appraisal Reports for the preceding five years as an officer in the Scale II post. The minimum qualifying marks in the interview are 50% out of 25 marks and 75 marks out of 100 are reserved for being awarded on the basis of the Performance Appraisal Reports.

(2.) THE petitioner alleges that he is working as Scale II officer in Bhanjrara (Tissa) Branch of the bank and according to the seniority list of Scale II officers, he is senior to respondent No. 5. Petitioner contends that under such circumstances all other things being equal, seniority is to be given preference which has been given a go by by the respondents. He submits that the consideration has been improper and the rule of seniority cum merit has been flouted by the respondents.

(3.) I have heard the learned counsel for the parties and have gone through the record. The record of the selection committee was also made available for the perusal of this Court.