MAHENDRA KUMAR Vs. BIHAR KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondents. The dispute in the present case does not need any further adjudication as the issue involved has already been decided by this Court vide order dated 26.9.2008 passed in C.W.J.C. No. 1375 of 2006. There was an advertisement issued by Munger Kshetriya Gramin Bank (now Bihar Kshetriya Gramin Bank) inviting applications for promotion to officers J.M.G. Scale-I from Clerical cadre. The modalities for selection as disclosed in the advertisement specifically mentioned that there would be no minimum qualifying marks for the interview. The advertisement was issued on 14.8.2004. However, by Memo dated 17.5.2005, the Bank sought to amend the promotion modalities for selection for such promotion, fixing minimum qualifying marks for interview. The petitioner has been refused promotion on the ground that he could not secure minimum marks prescribed for interview in view of the amendment in promotion modalities issued vide Memo dated 17.5.2005.

(2.) Learned counsel for the petitioner has submitted that the promotions to the post of J.M.G. Scale-I are governed by Regional Rural Bank Appointment and Promotion (of Officers & Other Employees) Rules, 1998 framed under Regional Rural Bank Act. Learned counsel for the petitioner submits that statutory provisions could not be amended by an executive decision. The Subsequent Memo dated 17.5.2005 being in breach of the statutory provisions, could not have been given effect to.

(3.) As has been noted above, this Court vide order dated 26.9.2008 in similar circumstance has held as follows:--