- (1.) We have heard the learned counsel for the parties at length and perused the paper-book.
(2.) The grievance of the petitioner is that inspite of being senior to respondent Nos. 7 to 16, he has not been promoted to Junior Management Grade Scale-I (JMGS-I). The promotion from the post of Clerk to JMGS-I is to be made on the basis of selection criteria laid down in the Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1998, which has been adopted by respondent No. 4-Bank on 4.10.1999. The promotion policy lays down that promotion shall be made on the basis of seniority-cum-merit. The selection process for promotees is given in Clause (J), as under :- "(J) Selection Process for Promotees : The selection shall be on the basis of performance in the written test, interviews and five years performance Appraisal Reports, as per the division of marks given below :- (A) Written Test : 70 Marks (B) Interview : 20 Marks (C) Performance Appraisal Report : 10 Marks Total Marks : 100 Marks (A) Written Test (70 Marks) : The Candidates shall be required to appear for written test comprising test in English and test in Banking Law, practice and procedures including working procedures in the Regional Rural Bank concerned. 70 Marks allotted to written test shall be further divided as under :- English 35 Marks Banking Law Practice and Procedures 35 Marks Total Marks 70 Marks A list of only those candidates who secure a minimum of 40% marks each in the English, Banking Law, Practice and Procedures shall be prepared. The Bank, thereafter shall prepare in the list of selected candidates in the order of seniority to the extent of hundred per cent of the vacancies for promotion for the purpose of calling for interview." It is not disputed between the parties that the petitioner has successfully cleared the written test. The petitioner has also received 10 Marks on the basis of Appraisal Report. However, the petitioner has only got 8 marks out of 20 in the Interview. Thus, the petitioner had secured only 54 Marks. In order to be eligible for promotion, the candidate must secure at least 55 marks in the aggregate. The petitioner not having secured the requisite minimum marks, has not been promoted.
(3.) Mr. Gupta, learned counsel for the petitioner, has vehemently argued that the petitioner could not have been ignored from promotion as the criteria for promotion is seniority-cum-merit. The respondents, therefore, could not have fixed a bench mark. In support of the submission, the learned counsel has relied on judgment of the Supreme Court in the case of B.V. Sivaiah and others etc. v. K. Addanki Babu and others, 1998 AIR(SC) 2565.;