Nirmaljit Kaur, J. - (1.) The petitioners herein, who are Junior Clerk-cum-Cashier, have filed the present writ petition for quashing of Circular No.4/2000 dated 12.09.2000 issued by respondent No. 4 for filling up of 11 promotional vacancies from Clerical Cadre to Officer Cadre (JMG-Scale I) (Annexure P-2) on the basis of 1988 Rules with a further prayer to fill up the posts from Clerical Cadre to Officer Cadre as per notification dated 29.07.1998.
(2.) The facts, in short, are that the petitioners, as well as, the private respondents were Junior Clerk-cum-Cashier. The Government of India-respondent No.1, for the first time, framed the Rules called the Regional Rural Banks (Appointment and Promotion of Officers and other employees) Rules, 1988, whereby, the promotion to the post of Field Supervisors and source of recruitment was fifty percent by direct recruitment and fifty percent by promotion from amongst confirmed Senior and Junior Clerk-cum-typist or stenographer or steno-typist which are as under:- "5. Field Supervisors : (a) Source of recruitment : (i) Fifty percent by direct recruitment from the open market. (ii) Fifty percent by promotion from amongst confirmed Senior and Junior Clerk-cum-typist or stenographer or steno-typist or stenographer or steno typist on the basis of seniority-cum-merit." Similarly, the next step of promotion is to the Officers Cadre, out of which, fifty percent was by direct recruitment from open market and fifty percent by promotion from amongst confirmed field Supervisors, which is as under:- "6. Officers (a) Source of recruitment : (i) Fifty percent by direct recruitment from open market. (ii) Fifty percent by promotion from amongst confirmed Field Supervisors on the principal of seniority-cum-merit."
(3.) The Government of India abolished the intermediary posts i.e. Senior Clerk-cum-Cashiers, as well as, the Field Supervisors, respectively w.e.f. 01.09.1987. The respondent No. 2-NABARD vide letter dated 08.04.1993, placed on record as Annexure P-3, issued clarification that as the intermediary posts i.e. Senior Clerk-cum-Cashiers and Field Supervisors have been abolished w.e.f. 01.09.1987, no promotion can be effected from Clerical Cadre to the Officer Cadre. Meanwhile, respondent No. 1, vide its notification dated 29.07.1998 promulgated new policy in supersession of the earlier Rules 1988 regarding appointment and promotion. As per relevant extracts of the 1998 Rules placed on record as Annexure P-4, promotion to the post of Officer by promotion was on the basis of performance in the written test, interview and five years performance appraisal as under:- JUDGEMENT_527_LAWS(P&H)8_2011_1.html;