Ashim Kumar Banerjee, J. - (1.) The writ petitioner is an Officer of Uttar Banga Kshetriya Gramin Bank (hereinafter referred to as the respondent bank). The promotional process of the said respondent bank has been impugned herein. By a notification dated June 22, 1998 the respondent Bank decided to fill up 14 vacancies by giving promotion from Scale -1 to Scale - -II. Clause 3 of the said notice is quoted below: Basis of selection: Selection will be made on "Senioriry -cum -Merit" basis and candidates will be numerically evaluated on 100 points basis as under: i) Seniority : 50 ii) Performance appraisal : 30 iii) Interview : 20 The identical issue was decided by me in the case of Sagar Gramin Bank [W.P. No. 13951(W) of 1998 & Ors.] by my judgment and order dated June 14, 2002. Since the identical issue had been decided by me this matter would be covered by the said judgment. Hence, I granted liberty to both parties to have inspection of my said judgment.
(2.) Mr. Arunava Ghosh, learned counsel for the respondent bank, submitted that the said judgment had not considered the Apex Court judgments reported in, 1998 Vol. VII, Scale; 447 (Sher Singh & Ors. vs. Swindler Khanna & Ors.). Mr. Ghosh wanted to make detailed submission on the issue afresh. I therefore, granted him opportunity. The following decisions were cited Mr. Ghosh: i) : 1998(3), Scale, 447. (Sher Singh & Ors. vs. Surinder Khanna & Ors.). ii), 1998 Vol. VI, SCC, 720, (B. V. Sivaiah & Ors. vs. K. Addanki Babu & Ors.). iii), 1998 Vol. I, CLT 391, (Rqjesh Nath & Ors. vs. Kolaghat Thermal Power Station & Ors.). iv) : AIR 1974, SC 460, (State of Mysore vs. C.R. Seshadri & Ors.). v) : AIR 1996, SC 2733, (Sr. Jagathigowda & Ors. vs. Chairman Cauvery Gramin Bank & Ors.).
(3.) Relying on the aforesaid judgments Mr. Ghosh submitted that there was no illegality or irregularity perpetrated in the promotional process. Before deciding the said issue let me quote the relevant portion of my judgment in Sagar Gramin Bank (Supra). Seniority -oum -merit as defined by the Apex Court, means that a particular mark is fixed which makes concerned candidate eligible for promotion and a list is accordingly prepared for the successful candidates who could cross such marking and then promotion is given on the basis of seniority irrespective of the marks obtained by the concerned candidates. Whereas "merit -cum -senioriry" means that a particular group of employees on the basis of seniority are taken within the zone of consideration and as soon as they come within the zone of consideration the promotion is given in accordance with the merit i.e. according to the marks obtained by those persons. The preceding paragraph is my understanding of the phrase "Seniority -cum -Merit" is the light of the various decisions of the Apex Court.;