RANCHI KSHETRIYA GRAMIN BANK Vs. D P SINGH

JUDGEMENT

(1.) Whether in case of promotions on the basis of "Seniority-cum- Merit", comparative merit of the candidates along with seniority have to be judged and whether allocation of less marks for seniority and more marks for assessment of work and interview is permissible when promotion is to be made on "Seniority-cum-Merit" basis, are the two significant and interrelated questions which have necessitated this reference to the Full Bench.

(2.) These two Letter Patent Appeals, one filed by the respondent Bank and another by the private respondents, whose promotion has been challenged, arose out of judgment dated November 20, 1991 passed by learned single Judge in C.W.J.C. No. 927 of 1991.

(3.) The facts may be noticed with relative brevity having relevance to the issues aforesaid. The writ petitioners who are respondent Nos. 3 to 5, in L.P.A. No. 209/91 R filed CWJC. No. 927/91R for issuance of appropriate writ in the nature certiorari for quashing the office order dated March 30, 1991 purported to have been issued under the seal and signature of respondent No. 2, Chairman Ranchi Kshetriya Gramin Bank, whereby and where under appellant Nos. 1 to 6 who are respondent Nos. 3 to 8 in the writ petition were promoted to the post of Area Manager/Senior Managers with effect from March 8, 1991 on the ground inter alia that they are senior to respondent Nos. 3 to 8 as will appear from their respective dates of appointment. The writ petitioners claimed that the impugned order dated March 30, 1991 is illegal, arbitrary and unconstitutional and in violation of the policy decision and circular issued from time to time by the National Bank for the Agricultural and Rural Development (hereinafter referred to the NABARD).