SHARMA, J. - (1.) WHAT is required to be considered, while applying the principle of "seniority-cum-merit" for the purpose of promotion? This is the common question which falls for consideration in all these five writ petitions.
(2.) THE petitioners have been working on the post of Officer in the respondent Aravali Khestriya Gramin Bank. On October 5, 1993 seniority list of officers came to be published wherein the petitioners were assigned seniority as under: Ravindra Singh at Serial No. 1 Rajendra Mohan Sharma at Serial No. 2 Rajan Gandhi at Serial No. 3 Prakash Chandra at Serial No. 7 Ram Niwas Bairwa (SC) at Serial No. 30 The respondents officers were placed in the said seniority list thus- P. C. Jain at Serial No. 4 C. S. Pancholi at Serial No. 13 R. L. Agarwal at Serial No. 24 C. S. Sharma at Serial No. 25 Shantilal Tailor at Serial No. 27 K. L. Jatava at Serial No. 32 In exercise of the powers conferred by section 29 read with section 17 of the Regional Rural Bank Act 1976 the Central Government notified the Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1988 (for short 1988 Rules ). The Board of Directors of the respondent Bank in their meeting held on September 28, 1988 adopted 1988 Rules and the same were made applicable to the respondent Bank w. e. f. September 28, 1988. Rule 4 of the 1988 Rules provides that the Board shall determine the vacancy of each post from time to time and the vacancies so determined shall be filled by deputation, promotion or direct recruitment in accordance with the provisions contained in the Schedule appended to the Rules. In the Schedule as regards to the post of Area/senior Manager it has been provided as under- " 7. Area Manager or Senior Manager- (a) Source of recruitment- Hundred percent by promotion from amongst confirmed officers working in the Bank. Promotions will be on the basis of the "seniority-cum-merit'. . . (b) Qualification and eligibility- (i) A Graduate of recognised University. . . (ii) Eight years service as an officer in the regional Rural Bank concerned. . . (c) Mode of selection- Interview and assessment of the performance reports for the preceding three years period as officer for promotion. " A look at the aforesaid provisions demonstrates that promotion from the post of officer to the post of Area/senior Manager is to be made 100% by promotion from amongst the officers who have completed eight years of service in the Bank as officer, on the basis of seniority-cum-merit and the mode of selection shall be interview and appraisal of performance of the previous three years. The respondent Bank determined seven vacancies for the post of Area/senior Manager.
(3.) BOARD of Directors of the respondent Bank in their meeting held on February 20, 1996 approved the procedure for making promotions against seven vacancies of Area/senior Manager wherein promotion to be made on the criterion of seniority-cum-merit by assigning marks as under- Seniority -30 Performance -40 Interview -30 Total -100 On March 14, 1996 a Circular was issued by the respondent Bank incorporating the aforesaid decision of the BOARD of Directors. In para 8 of the Circular it was prescribed that the marks so obtained on the basis of aforesaid applicable factors shall be aggregated and the final merit list shall be prepared in the descending order and the results declared. The competent authority shall make promotions from the merit list strictly in the order of merit to the extent of vacancies. On April 15, 1996 the petitioner Rajan Gandhi served notice for demand of justice on the respondent Bank calling upon the bank to withdraw the Circular 44 dated March 14, 1996 being against the principle of seniority cum merit. It was also stated in the notice that in case the interviews are held for promotion he shall appear for the interview under protest. Other petitioners also submitted protest in writing and stated that they shall appear for the interviews under protest reserving their right to challenge the procedure being adopted by the Bank for making the promotions. On April 18, 1996 a representation was given by Rajasthan Gramin Bank Officers Organisation to the respondent Bank calling upon the Bank to withdraw the procedure as prescribed in the Circular dated March 14, 1996. On April 19, 1996 interviews were held by the Staff Selection Committee of the Bank. The petitioners appeared before the Selection Committee under protest reserving their right to challenge the selections. ;