- (1.) WE have heard Sri B.B. Paul and Sri Anil Kumar Sharma for the petitioner. Sri Y.K. Sinha alongwith Sri G.P. Srivastava appears for the respondents.
(2.) THE petitioner was appointed as Clerk-cum-Cashier in Etawah Gramin Bank on 8.9.1982. At present, he is working on the post of Senior Clerk-cum-cashier in the Branch Office, Kunaira. The Etawah Gramin Bank was amalgamated with Ballia-Gramin Bank w.e.f. 1.1.2010, and has acquired a joint name as Ballia-Etawah Gramin Bank with its Head Office at Indira Market, Ballia. The Central Bank of India is the sponsor bank of the amalgamated Ballia- Etawah Gramin Bank. The service conditions of the employees and officers of the Ballia-Etawah Gramin Bank were regulated by Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules 1988, made under Section 29 of the Regional Rural Banks Act, 1976. By a notification dated 29.7.1998, a new set of rules, namely, the Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1998, were framed, replacing the old Rules of 1988. By a notification dated 13.7.2010, issued by the Ministry of Finance, Department of Financial Services, New Delhi dated 13.7.2010, the Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules 2010, were framed, by which the officers and employees of the bank have been classified into three categories, namely, Group-A posts to officers; Group-B posts to Office Assistants (multipurpose) and Group-C posts to Office Attendants (multipurpose).
(3.) IT is submitted by Sri B.B. Paul that under Rule 4 of the Rules of 1988, the vacancies were provided to be filled up. The new guidelines approved by the Central Bank of India, vide gazette notification dated 13.7.2010, for recruitment and promotion, provided in Second Schedule are applicable. As regards promotion to the post of Officers, it was provided under the Rules of 1988 that 50 % post shall be filled up by direct recruitment and 50 % post by promotion, on the basis of seniority-cum- merit. For promotion to the post of Officers, the experience of five years as Field Supervisor was mandatory. He submits that for the vacancies, which were existing at the time when the selection process was initiated, the rules as they existed prior to the notification dated 28.9.1998, are applicable. All the existing vacancies were required to be filled up in accordance with the provisions of Rules, as they existed, prior to the dates on which the vacancy had arisen. The amendment by notification dated 29.7.1998, will not apply to the procedure for promotion to these vacancies. Sri B.B. Paul refers to para 13 of the writ petition, in which it is stated that total 76 vacancies existed prior to 28.12.2010, as informed by letter of the Senior Manager (Personnel), Ballia- Etawah Gramin Bank. These vacancies had arisen either due to death of the employees, or on account of those employees who had left the service of the Bank in between 28.10.1989 to 1.1.2007. The respondents, however, have illegally and arbitrarily proceeded to fill up the vacancies in accordance with the old Rules of 1998.;