GORAKH NATH SINGH Vs. SIWAN KSHETRIYA GRAMIN

JUDGEMENT

(1.) THERE are four petitioners in the present writ application and they have filed the present writ for quashing the selection list dated 30.1.2003 which is an order contained in annexure -1.

(2.) THE case of the petitioners are that they were initially appointed on 16.8.1982 under the respondents Bank as cierk -cum -cashier. Their services after completing the probation period were confirmed vide letter dated 6.6.1984. Subsequently the Bank published a seniority list in terms of the direction issued by NABARD. This seniority list was issued on 30.9.1999. The seniority list has been brought on record as annexure -4. In terms of the Seniority list petitioner no. 1, Gorakh Nath Singh figured at serial no. 4, Petitioner No. 2 Anup Kumar figured at serial no. 5, petitioner no. 3, Narendra Kumar Dwivedi figured at serial 9 and petitioner no. 4 Anil Kumar Srivastava is at serial no. 12. The petitioners submits that private respondent nos. 4 to 6 figured at serial nos. 6, 14 and 16. In other words most have figured below these petitioners. The petitioners contend that they have good service record and by virtue of their length as well as satisfactory service they were entitled for promotion to the next post as Officer Grade I.

(3.) THE petitioners have challenged this notification on the ground that the Bank has violated its own promotion policy. In terms of the necessary rules promotions have to be granted on the basis of "Seniority -cum -Merit" and not "Merit -cum -Seniority". Therefore, while issuing the impugned order despite the petitioners being senior, their claim has been ignored since the Bank adopted the policy of "Merit -cum -Seniority" in the actual selection which was carried out by them. They state that the Bank intentionally kept a minimum qualifying marks in the interview and only when a person got the minimum qualifying marks in the interview that his appraisal report as well as seniority was taken into consideration. In other words the merit of the candidate was tested first in the interview and only when he proved his merit in the interview his seniority or performance appraisal which consisted of 75 marks was taken into consideration for granting final promotion.