VINOY KUMAR MISHRA Vs. SAMASTIPUR KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) IN this writ petition, the petitioners have prayed for quashing the Order No. 2/88 dated 23.3.1988 as contained in Annexure 14, whereby and whereunder, Respondent Nos. 4 to 19 were promoted as Field Supervisors under the respondent -Bank. A prayer has also been made for a writ of mandamus commanding the Bank authorities to grant petitioners' promotion against such posts strictly in accordance with Circular No. 23 dated 30.5.1986, as contained in Annexure 8 to the writ petition.

(2.) PETITIONERS and Respondent Nos. 4 to 19 were initially appointed under the respondent -Bank against various posts in the year 1981. Later, with a view to fill up the posts of Field Supervisors and Branch Managers in higher scale, Employment notices were published by the authorities by which certain percentage of Field Supervisors were required to be filled up on direct recruitment from the outside candidates and remaining posts by promotion. Initially on 7.1.1985, interview was held for filling up the posts on ad hoc basis because certain policy matters were still being finalised. Ultimately, on 27.5.1986, the Board of Directors approved and adopted the guidelines of the Bank as contained in Annexure 8 for the purpose of selection and appointment to the posts. Thereafter, on 24.6.1986, the management conducted a second interview. This is also not in dispute that the petitioners and Respondent Nos. 4 to 19 had appeared at the interview and ultimately having examined the relative performance of the candidates by Order No. 2/88 dated 23.3.1988 (Annexure 14) Respondent Nos. 4 to 19 were promoted to the post of Field Supervisor.

(3.) IN this regard, learned Counsel has also drawn our attention to the counter -affidavits filed on behalf of Respondent No. 1 to show that he had also admitted that Respondent Nos. 4 to 19 were promoted to the post of Field Supervisors since in the merit list they were placed above the petitioners.