HIRAK KUMAR BANERJEE Vs. BANGIYA GRAMIN VIKASH BANK

JUDGEMENT

(1.) The petitioner has prayed for an order granting promotion to him from the post of Junior Management Grade (JMG) Scale-I to Middle Management Grade (MMG) Scale-II on the basis of a seniority-cum-merit in terms of the judgment and order passed in W.P. No. 7823 (w) of 1998.

(2.) Admittedly the petitioner was appointed as JMG Scale-I Officer in Sagar Gramin Bank on October 15, 1982. The said Bank was established under the Regional Rural Bank Act, 1976. By virtue of a notification dated February 21, 2007, all other Rural Bank including the Bank where the petitioner is appointed were amalgamated and were renamed as Bangiya Gramin Vikash Bank the respondent no. 1 herein.

(3.) Pursuant to Section 17 read with Section 29 of the Regional Rural Bank Act, 1976, the Central Government framed the Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1988. Prior to amalgamation of the erstwhile bank with the respondent no. 1, a circular dated March 31, 1998 was issued for promotion for the post of Area/ Senior Manager from JMG Scale-I to MMG Scale-II. The said circular provides the mode of promotion on seniority-cum-merit basis where 50 marks were allotted for seniority and 25 marks each for performance and interview. However, 20 marks was reserved as minimum qualifying marks for assessment of merit for promotion. In terms of the said circular, the petitioner was brought within the zone of consideration but his juniors are promoted in stead of petitioner by converting the process of selection from seniority-cum-merit to merit-cum-seniority basis. Admittedly the petitioner did not assail the said process immediately upon the promotion of the juniors. It is stated that some of the persons who were within the zone of consideration for such promotional post assailed the legality of the said circular dated March 31, 1998 in Writ Petition being W.P. No. 7823 (w) of 1998. At the time of admission of the said writ petition, an interim order was passed to the extent that the respondent shall proceed to publish the results of the interview and may fill up the vacancies excepting 8 vacancies. The said writ petition was ultimately disposed of on July 23, 2009 by quashing and setting aside the said circular on the ground that it is contrary to the said rules of 1988 framed under the Regional Banks Act, 1976. The petitioner, thereafter, filed the instant writ petition on June 11, 2010 seeking for the promotion in terms of an order by which the said writ petition being W.P. 7823 (w) of 1998 was disposed of.