YOGENDRA KUMAR SINGH Vs. MADHYA BIHAR GRAMIN BANK

JUDGEMENT

(1.) This appeal has been preferred against the order, dated 18.12.2014, passed in C.W.J.C.No. 3804 of 2014, whereby a learned single Judge, while shifting the date of promotion from 10.11.2011 to 06.04.2004, declined to grant consequential benefits of Scale-III post with effect from 06.04.2004. The learned single Judge, while partially allowing the writ application to the extent indicated, declined to grant consequential benefits on the ground the petitioners did not fulfill the statutory requirement of seven years of actual work in Scale II for promotion to Scale III.

(2.) Before we consider the rival submissions of the parties, it is relevant to notice the facts of the case in brief:- The appellants were appointed as officers in grade of Officer Junior Management Scale -1 in the service of erstwhile Nalanda Gramin Bank, in the year 1985, which, upon amalgamation, was renamed as "Madhya Bihar Gramin Bank". The appellants' services were governed by Appointment and Promotion (Officer and Employees) Rules, 1988, which was subsequently substituted on 29.07.1998 by 1998 Rules with effect from 29.07.1998. On 10.12.1999, the sponsoring bank, namely, Punjab National Bank, approved a proposal, dated 02.09.1999, for up gradation of 18 branches from Scale-I to scale-II. The Board of Directors of the Bank, in its meeting, dated 20.04.2000, initiated process for promotion from Scale-I to Scale-II and from Scale-II to Scale-III for filling up the existing vacancies. The appellants, too, applied for, and were selected, amongst 22 Scale-I officers. Appellants appeared in the interview on 06.04.2004.

(3.) In the meantime, one Diwakar Prasad and others filed writ petition, bearing C.W.J.C.No.11692 of 2002, with a prayer that the promotion to the Scale-II was to be governed by old Rules, i.e., Appointment and Promotion (Officer and Employees) Rules, 1988, but the promotion process was initiated under 1998 Rules. The learned single Judge, vide interim order, dated 01.04.2004, observed that respondents may proceed with the interview process, but shall not issue promotion orders until further order of this Court.