Anjani Kumar and Sudhir Agarwal, JJ. - (1.) -Aggrieved by the order dated 24.1.1998 passed by respondent No. 1 in respect to promotion to Officers' Grade Scale II in the service of Allahabad Kshetriya Gramin Bank, the petitioner has approached this Court by means of this writ petition under Article 226 of the Constitution of India.
(2.) IT is said that in the year 1995 there were nine vacancies on the post of Area Manager/Senior Manager which is Officer's Grade Scale II post in Allahabad Kshetriya Gramin Bank (hereinafter referred to as the Bank) for which in accordance with Rule 27 candidates including the petitioner on the criteria of seniority-cum-merit were considered. The department allotted marks for interview and performance appraisal as under : (i) performance report (Average of last 3 years) 60 marks (ii) interview 35 marks (iii) performance to agriculture commerce and Economics Graduate 5 marks Total 100 marks Out of 100 marks the Bank determined 75 marks to qualify, meaning thereby persons securing 75 marks and above were eligible for promotion, depending upon their position in seniority. Out of 27 candidates the selection committee selected 8 general candidates and one from the category of Scheduled Caste/ Scheduled Tribe and therefore candidates who were at serial Nos. 3, 4, 5, 8, 11, 13, 15, 17 and 19 were selected and promoted. The petitioner was in the seniority list at serial No. 18 but since only 8 general candidates were to be selected, he could not be selected though he secured more than 75% marks. The petitioner represented stating that Officer Grade I is the post in the pay of Rs. 2,250 hence no reservation as applicable on the said post. Consequently on the higher post of Officer Grade Scale II, no reservation could have been applied. The respondents in keeping one post reserved for Scheduled Caste/ Scheduled Tribe acted illegally and why a person junior to him has illegally been promoted. His representation against the aforesaid non-promotion remained unheeded whereupon he approached this Court in Writ Petition No. 34104 of 1997 which was disposed of on 17th October, 1997, directing the Chairman of the Bank to decide his representation within six weeks. Consequently vide order dated 24th January, 1998, impugned in this petition, the petitioner's representation has been rejected. Learned counsel for the petitioner stated that the matter already stood decided by the Apex Court in National Federation of State Bank of India and others v. Union of India and others, AIR 1995 SC 1457, in pursuance whereof no reservation of Scheduled Caste/Scheduled Tribe is available to a post which carry on ultimate salary above Rs. 2,250 and therefore respondents have acted illegally by keeping one post reserved for Scheduled Caste/Scheduled Tribe.
(3.) RESPONDENT-Bank has filed a counter-affidavit stating that appointment and promotion to the post is governed by Regional Rural Bank (Appointment and Promotion of Officer and Other Employees) Rules, 1988 (hereinafter referred to as 1988 Rules). Rule 5 of 1988 Rules reads as under : "5. All vacancies determined under Rule 4 by the Board, shall be filled by deputation, promotion or direct recruitment in accordance with the provisions contained in the Second Schedule." The source of recruitment for the post in question as provided in the schedule reads as under : (a) Source of recruitment : Hundred per cent by promotion from amongst confirmed officers working in the bank. Promotions will be on the basis of seniority-cum-merit. If suitable officers are not available internally, these could be filled by taking temporarily officers of the sponsor banks and other banks or organisations on deputation. (b) Qualifications and eligibility : (i) A Graduate of recognised University of any equivalent qualifications recognised as such by Government of India, preference being given to Agriculture or Commerce or Economics Graduates. (ii) Eight years service as an officer in the regional rural bank concerned. Provided that the Board may, with the prior approval of National Bank, the period of service by a period not exceeding two years if suitable candidates of requisite experience are not available. Note.-The post of Area Managers and Senior Managers will be equivalent in rank and will be inter-changeable. (c) Mode of selection : Interview and assessment of performance reports for the preceding three years period as officer for promotion. ;