BINOD KUMAR Vs. RANCHI KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) THEPETITIONER , a clerk cum cashier appointed wasnot granted promotion to the post of FieldSupervisor though juniors including respondent Nos. 3 to 7. were promoted by notification No, 1990 - Promotion -1/dated 20thNovember, 1990 w.e.f. 19th November, 1990.He challenged the aforesaid notification dated20th November. 1990 alleging violation ofguidelines 'of seniority cum merit'.

(2.) THE present writ application on its admission remained pending. In the meantime, in another similar writ petition the principle of 'seniority cum merit' was decided. Against the decision of learned Single Judge LPA Nos. 208 and 209 of 1991 (R) were preferred, which were referred to a Full Bench. A Full Bench of Patna High Court by its decision in Ranchi Kshetriya Gramin Bank and Ors. v. D.P. Singh @ Dina Nath Prasad Singh, as reported in 2000 (1) PLJR 251. held that in the case of 'Seniority cum Merit', greater emphasis to be given on seniority, though it alone can not create any right of promotion. Both the appeals were sent back to the Division Bench for decision on the merit after decision aforesaid. The decision of learned Single Judge was affirmed by Division Bench vide its judgment dated 3rd January. 2001, passed in LPA No. 208 of 1991 (R) and analogous case.

(3.) LEARNED counsel for the parties including intervenor No. 4, accept that the case of the petitioner is covered by the decision aforesaid.