M.N.Shukla, J. - (1.) The learned counsel for the petitioners has deleted the names of other petitioners and now presses this petition on behalf of the petitioner to. 1 only.
(2.) The petitioner is clerk/Cashier in the Samyut Kshetriya Gramin Bank, Kundesar Branch, Ghazipur, district Ghazipur and was appointed in the year 1979. An advertisement was made inviting applications for appointment to the posts of officers, field supervisors etc. The petitioner's grievance is that he being already in set vice was entitled to promotion to the relevant post and filling of the ports through direct recruitment would adversely affect his rights and he will be deprived of acquiring these posts Our attention was drawn to Regulation 14 framed under Section 30 of the Regional Rural Banks Act, 1976. The said Regulation reads : "14. All appointments and promotions shall be made at the discretion of the Bank and no officer or employee shall have a right to be appointed or promoted to any particular post or grade."
(3.) The learned counsel for the petitioner submitted that under the above-regulation there was an obligation to make appointments to the posts advertised through both sources namely, promotion and direct recruitment and since alt the posts have been thrown open exclusively to a single source, tamely, circuitment, there is an infringement of Regulation 14. It was also submitted that the above regulation was couched in very wide terms, leaving all appointments and promotions to the discretion of the Bank authorities and so it was gainly arbitrary and violative of Article 14 of the Constitution he question of considering the validity of the regulation on the ground of violation of Article 14 cannot be examined wholly in the abstract. The petitioner has to first satisfy us. that he was being adversely affected and that his legal rights were being jeopardised. It is not disputed that it was open to the petitioner also to apply for the pest advertised. There is no allegation that any other person similarly situate in the service had- been promoted, whereas the petitioner has been denied such promotion. On these facts the operation of the regulation does not affect the petitioner's legal rights at present and it does not result in unjust discrimination.;