PRABHU NATH SINGH Vs. BANK OF INDIA

JUDGEMENT

(1.) In this writ application the petitioner, inter alia, prayed for issuance of a writ in the nature of mandamus directing the respondents to promote the petitioner from M. M. Grade Scale II to M. M. Grade Scale III with effect from January 1, 1987 and from Scale III to Scale IV post with effect from January 1, 1992 in view of the fact that the officers junior to the petitioner have got promotion to scale IV post. Petitioner also sought declaration that Clauses 6 and 6-A of the Circular dated February 1, 1985 are ultra vires the Constitution of India and further for a declaration that the Certificate of Associateship of the Indian Institute of Bankers (CAIIB) cannot be equated with the qualification of the petitioner.

(2.) Petitioner's case is that he passed M.Sc. Examination in Agriculture (Agronomy) from the Banaras Hindu University and did his research work and was awarded Ph.D.. in agriculture in the year 1970. Petitioner's further case is that he was appointed as Lecturer in R.B.S. College, Agra and then joined as Lecturer in the University of Udaipur (Rajasthan) in 1971. Pursuant to the advertisement issued by the respondent-Bank for appointment to the post of Senior Agronomist, he applied and was offered the post of Probationary Officer in the Bank. A letter of appointment was accordingly issued on January 14, 1974 and he joined at Ranchi on March 6, 1974. It is stated that in 1981 seniority list was prepared for specialized officers of the Bank and the petitioner's name was figured in serial No. 956 in Junior Management Grade-I. Petitioner's further case is that in 1983 he along with other officers had been promoted to the M. M. Grade Scale II with effect from April 1, 1982 and his name was at serial No. 163, It is contended that for promotion from M. M. Grade Scale II to M. M. Grade III under the policy applicable before 1985 the only requirement was that the officers must have five years of service. But the Bank reduced number of years of service in 1985 specialised officers i. e. from five years to four years. The said change in the policy resulted in anomalies in promotion of the officers including the petitioner, as the petitioner had already opted for general cadre. The grievance of the petitioner, therefore, is that those specialized officers, who were at par with the petitioner in M, M. Grade Scale II up to four years, were benefited because they got promotion with effect from January 1, 1986 instead of January 1, 1987.

(3.) In the counter-affidavit filed by the respondent Bank, it is stated that the writ application is a belated one inasmuch as according to the petitioner, his promotion from Scale II to Scale III was due in 1987 but the writ application was filed after seven years without giving any reasonable explanation. It is stated that the promotion policy framed under the Regulation 17 of the Bank of India (Officers') Service Regulations, 1976 has been strictly followed and the said policy meets its requirements and is considered suitable to all the officers concerned. Officers are selected for promotion strictly in order of merit to the extent of vacancies available and such merit list was prepared on the basis of aggregate marks obtained by officers under all factors for promotion as laid down in the policy. The respondents' further case is that as per the promotion policy of the Bank existing at the time of promotion from scale I to Scale II and from Scale II to Scale III, weightage for educational qualification and professional qualification was mentioned. The respondents' further case is that the petitioner used to participate in the promotion process but could not come higher in the merit list so as to figure in the selection. The process for the said promotion policy is functioning smoothly for the last several years.