Anjani Kumar and Sudhir Agarwal, JJ. - (1.) -Both the writ petitions are connected and as agreed by the learned counsel for the parties, involved common questions of law and fact and have been heard together and are being decided by this common judgment. Writ Petition No. 13347 of 2001 :
(2.) THE petitioners 10 in numbers working as Branch Manager in Farrukhabad Gramin Bank, Farrukhabad have filed this writ petition under Article 226 of the Constitution challenging the validity of the circular dated 29.6.1995 (Annexure 3 to the writ petition) and 4.12.2000 and the consequential promotion order dated 14.3.2001 issued by the respondent Nos. 1 and 3 promoting 44 persons in the Middle Management Grade-II (hereinafter referred to as "MMG-II"). THE petitioners have also sought a writ of mandamus commanding the respondents to consider promotion of Manager on higher posts in the light of Promotion Policy dated 1.12.1987 and 10.2.1988. The facts in brief are that Farrukhabad Gramin Bank, Farrukhabad (hereinafter referred to as the "Bank") is a Regional Rural Bank (hereinafter referred to as 'R.R.B.') under Regional Rural Banks Act, 1976 (hereinafter referred to as the "Act, 1976"). All the petitioners were appointed as Branch Manager in Junior Cadre level-I and after completion of probation period have been confirmed. The National Bank for Rural Development (hereinafter referred to as "N.A.B.A.R.D.") issued circulars dated 1.12.1987 and 10.2.1988 providing criteria for promotion of Managers to the post of Area/Senior Manager in Regional Rural Banks. In exercise of powers under Section 29 of Act, 1976 the Central Government in consultation with National Bank and the sponsored Banks framed Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1988 (hereinafter referred to as "1988 Rules") laying down provisions for appointment and promotions for officers and employees of R.R.B. However, contrary to the provisions of the aforesaid orders and circulars, respondent No. 2 issued a circular on 29.6.1995 directing that till the Government of India takes decision on the amended conditions of recruitment and promotion policy, till then the R.R.B. where classification of Branches have completed, may promote their Junior Management Grade-I (hereinafter referred to as "J.M.G.-I") officers in M.M.G.-II. The criteria and policy for promotion as circulated by the Bank's Headquarters on 8.4.1985 and 27.11.1990 shall be adhered to. It is said that against the circular dated 29.6.1995, assailing the same being inconsistent with the N.A.B.A.R.D.'s circular dated 1.12.1987 and 10.2.1988, a Writ Petition No. 30005 of 1995, P. K. Dixit v. Farrukhabad Gramin Bank and others, was filed. This Court directed the parties to exchange pleadings and also provided that promotions, if any, shall be subject to final decision of the writ petition. Another circular was issued by the Chairman of the Bank on 4.1.2000 (Annexure-5 to the writ petition) for initiating promotion process in MMG-II from JMG-I laying down a different criteria of promotion. The aforesaid circular was also challenged before this Court in Writ Petition No. 16857 of 2000, Babulal Kushwaha and others v. Farrukhabad Gramin Bank and others, wherein a Division Bench of this Court vide order dated 7.4.2000 issued notices and directed that promotions, if any, shall be subject to the decision of the writ petition. The respondents however proceeding ahead to make selection and promotions pursuant to the circular dated 4.1.2000 and had issued order of promotion on 14.3.2001 whereafter the petitioners having not been selected and promoted, have filed this writ petition. The respondents have filed counter-affidavit stating that except petitioner No. 5, who was appointed as Branch Manager, rest were appointed as officers. However, it is not disputed that all the petitioners were confirmed in service of the Bank after completion of probation period and are working as Branch Managers and Officers of the Bank. It is said that upto 31.3.1998, 46 posts of M.M.G.-II were identified as vacant for which recruitment by promotion was initiated and the result was finally declared on 14.3.2001 against 44 posts. The result of two posts have been kept in sealed cover due to pendency of disciplinary action. It is further said that 1988 Rules have already been superseded by the Government of India by another set of Rules published on 29.7.1998. It is further said that earlier circular dated 29.6.1995 was issued but when the guidelines contained therein were challenged in writ petition of P. K. Dixit (supra), promotions were not made on the basis of the said circular. The criteria of promotion contained in circular dated 4.1.2000 is not contrary to that provided by the Government of India. Circular dated 4.1.2000 invited applications from the officials working in feeder cadre to show their willingness to be considered for promotion in prescribed proforma and all the petitioners applied in prescribed proforma accordingly. The criteria for proforma is seniority-cum-merit and in the circular dated 4.1.2000 the said policy has been adhered to by laying down guidelines for assessing merit of the candidate which is valid and in accordance with law. It is said that selections and promotions have been made absolutely in accordance with law and warrants no interference. It is also said that all the petitioners appeared before the selection committee but having failed to secure minimum merit have not been selected and thereafter they have filed the present writ petition.
(3.) THE petitioners have filed rejoinder-affidavit wherein the criteria prescribed in the circular dated 4.1.2000 has been said to be contrary to the rules and it is also said that no new rule has been framed w.e.f. 29.7.1998. It is also said that selection itself has been conducted arbitrarily and despite that there is no adverse entry in the service record of the petitioners they have not been selected. Writ Petition No. 17837 of 2001 : During the pendency of earlier Writ Petition No. 13347 of 2001, in respect to the vacancies occurred for the period subsequent to the enforcement of Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1998 (hereinafter referred to as "1998 Rules") and after identifying 20 vacancies in M.M.G.-II, the Bank issued a circular on 28.9.2000 to fill in the said vacancies in accordance with 1998 Rules. Consequently notification was issued by the General Manager of the Bank on 10.4.2001 and 20.4.2001 whereagainst the same petitioners have approached this Court by filing the instant writ petition under Article 226 of the Constitution challenging the aforesaid circulars dated 28.9.2000 and 10.4.2001 and consequential order dated 20.4.2001 passed by respondent No. 1 in respect to promotion in M.M.G.-II. ISSUES :;