P.P. Gupta, J. - (1.) The respondent, Prathama Bank, Moradabad, is one of the Regional Rural Banks constituted under the provisions of the Regional Rural Bank Act, 1976 consultation with the Syndicate Bank which is the sponsored Bank and Reserve Bank of India and with the previous sanction of the Central Government. Petitioner No. 1 Ram Vir Singh, was appointed as Manager (Officer) on 7-8-1978 and was attached with the respondent Bank.
(2.) By an order dated 1-10-1985 (Annexure T to the petition) six posts of Regional Manager and six posts of Senior Manager were created. These posts were created in pursuance of the directions issued by the National Agricultural and Rural Development Bank (in short NABA D' vide its circular dated 31-12-1985 (Annexuro IP to the petition). After the creation of the aforesaid post, the petitioner No. 1 was also promoted as Area Manager vide memorandum dated 5-10-1985 (Annexuro TIP). Subsequently, with the change of personal in the top management, a notification was issued, according to which in interview for the promotion to the posts of Area Manager and Senior Manager was to be held on 3/4-8-1987. Petitioner No. 1 filed a suit No. 606 of 1986 on 17-9-1986 in the court of Munsif, Rampur for a declaration that the posting of petitioner No. 1 was not on officiating basis but was on regular basis against a substantive vacancy. Petitioner No. 1 was succeeded in obtaining an ad Interim stay order in bis favour, in the light of which the Selection of Regional and Senior Managers scheduled to take place on 3/4 8-1987 was postponed. The said suit was decided on 28-1-1988 partly in favour of petitioner No. 1 holding that petitioner No. 5 was full-fledged Area Manager only upto 30-9-1986, The respondent filed an appeal which was dismissed by the appellate court. The respondent has allegedly filed a second appeal in this High Court, which is pending.
(3.) According to the petitioner, the respondent Bank has issued a circular declaring that the selection for the 14 posts of Area Manager/Senior Manager shall be filled in by promotion and interview for the same shall be held on 26-7-l99o. A photostat copy of the said circular dated 16-7-1990 is Annexure VIP to the petition. The contention of tho petitioner is that out of 14 posts 12 posts have already been filled in by promotion in pursuance of the order of the Bank dated 1-10-1985 (Annexure *CA-III' to the counter affidavit) and apart from these 12 posts there ate no other posts of Area Manager/Senior Manager which can be filled by the respondent by holding interview in pursuance of its circular letter dated 26-7-1990. It has been contended that if the selection scheduled to take place on 26-7-1990 is to proceed, petition No. i as well as other 11 persons already appointed and working as Area Manager/Regional Managers would be reverted. The petitioner, therefore, prayed for mandamus directing the respondent not to hold selection to the post of Area Manager/Regional Manager in pursuance of the circular dated 16-7-1990 scheduled to take place from 26-7-1990 to 28-7-1990.;