NRUSHINGA CHARAN BARIK Vs. NACHIKETA DAS

JUDGEMENT

(1.) SINCE the prayers made in the writ applications & in the second appeals are inter (inked with each other, those cases are heard together & are disposed of by this common Judgment.

(2.) THE Writ Petition in O.J.C. No. 4403 of 1996 has been filed under Articles 226 & 227 of the Constitution of India challenging the order of promotion under Annexure -8 by which the Opp. Parties 1 to 7 were promoted to the post of Senior Manager/Area Manager in Baitarani Gramya Bank & the Petitioners have prayed for issue of necessary directions to the Bank to promote the Petitioners to the post of Area Manager/Senior Manager with effect from 13.2.1990 on which date, the Opp. Parties 1 to 7 were initially promoted under Annexure -4 to the rank of Area Manager/Senior Manager.

(3.) ACCORDING to the Petitioners, Government of India in the Ministry of Finance issued a letter dated 16.10.1987 under Annexure -2 in which all the Regional Rural Banks (in short, "R.R. Bs") were requested to fill up the posts of Area Manager/Senior Manager which is a promotional post to be filled up 100% by promotion only from one source & the method to be adopted to effect such promotion was seniority -cum -merit basis. The letter further envisages promotion by seniority with due consideration to minimum merit/fitness. The letter further states that fitness implies that no disciplinary proceeding was either contemplated or pending & the officer concerned has neither been reprimanded nor any adverse remark has been communicated.