RAJEEV LOCHAN JHA Vs. BIHAR KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) Both writ petitions raise common issues and as such they have been heard together with the consent of the p ies. The present order shall govern both the writ petitions.

(2.) For the sake of brevity statement of bare fact shall be drawn from CWJC No. 9445 of 2005.

(3.) Petitioners were serving the erstwhile Bhagalpur Banka Kshetriya Gramin Bank now know as Bihar Kshetriya Gramin (for short 'Bank') in clerical cadre. They were to be considered for grant of promotion to Scale -1 (JMG-1) on the basis of selection procedure to be taken up in terms of R.R.B. Rules notified by the Government of india on 29.07.1998. It is the petitioners' case that in the light of the aforesaid Rules Bank formulated modalities under Annexure-1 for granting promotion from Clerical Grade to JMG-1 (Scale 1), This was followed by circulation of seniority list dated 07.07.2004 (Annexure-2). By communication dated 30.07.2004, the process of promotion commenced wherein the petitioners and other candidates were made to appear at the written test which was held on 03.10.2004. The respondent Bank thereafter came out with list of successful candidates at the written test (Annexure-4) wherein the petitioners were declared successful. This was followed by issuance of letters for their personal interview. Subsequently the respondent Bank, by an order dated 06.11.2004, changed the modalities and introduced qualifying marks in the interview as well as performance appraisal report. This was again changed by order dated 10.01.2005 (Annexure-7) and the percentage fixed under Annexure-6 was reduced. Petitioners were thereafter interviewed and were not selected. The private respondents were promoted w.e.f. 22.4.2005. The petitioners, therefore, approached this Court seeking a direction to grant them promotion to the Cadre of Scale 1 (JMG-1) w.e.f. 22.4.2005 that is the date when juniors to the petitioners were granted promotion.