PARIHAR, J. - (1.) SINCE on similar set of facts common question of law been involved and similar relief has been claimed by the petitioners, at joint request of the parties, the above writ petitions have been heard together and are being decided by this common order.
(2.) 18 Vacancies for the post of Senior Manager/area Manager were determined by the respondent-The Hadoti Kshetriya Gramin Bank, Kota for the year 1994-95. Out of 18 vacancies, 13 vacancies were reserved for general category, 3 vacancies were reserved for Scheduled Castes category and 2 vacancies for Scheduled Tribes category. The matter was referred to the Staff Selection Committee (for short "the Committee") for making recommendations for promotion to the above posts. As per the criteria laid down by the respondent Bank, interviews were held by the Committee on 26. 4. 1995. Subsequently, on recommendations of the Committee, promotions were made accordingly vide order dated 1. 6. 1995. The petitioners and some of the aggrieved persons submitted an appeals against the denial of promotions to them, however, the same were dismissed by the Board of Directors. Hence, the present writ petitions, challenging the order of promotion as well as order passed by the Board of Directors, dismissing the respective appeals filed by the petitioners. It has been alleged that promotions to the posts of Area Manager/senior Manager in the respondent bank have to be made strictly on the basis of seniority-cum-merit, however, in the present case, the promotions have been made strictly as per merit and the seniority has been given a complete go-bye. In reply, it has been submitted that the promotions have been made as per the recommendations of the Committee strictly in accordance with relevant rules and criteria fixed by the Bank. There is no dispute that the promotions are to be made on the basis of the provisions of the Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1988 (for short `the Rules of 1988 ). As per the Second Schedule, attached to the Rules of 1988, the posts of Area Managers/senior Managers have also been included at item No. 7, which are reproduced hereasunder :- " 7. Area Managers or Senior Managers : (a) Source of recruitment : Hundred percent 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 posts 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 or 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 Boa. 05. with the prior approval of National Bank, relax 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 Manager and Senior Manager will be equivalent in rank and will be interchangeable. (c) Mode of selection : Interview and assessment of performance reports for the preceding three years period as officer for promotion. " Nothing adverse have been placed on record against any of the petitioners and, admittedly, the respondents employees, who have been given promotion as per the recommendations of the Committee, are junior to the petitioners in the seniority list of the cadre of officers.
(3.) THE respondents, in their reply, have given details of the criteria fixed by the respondent bank for promotion on the basis of seniority-cum-merit. THE criteria, as adopted by the respondent bank as mentioned in the reply, is reproduced hereasunder:- " Seniority -2 marks will be awarded for every completed year of service in the respective scale beyond the minimum length of service prescribed for that scale subject to maximum : 10 Marks - 4 marks will be given for each year of completed service respective scale as a Branch Manager in a rural area and 3 marks for service as a Branch Manager or accountant in other than rural areas subject to maximum : 20 Marks Educational Qualifications Marks for Graduation 2 Post Graduation 2 CA, ICWA, MBA, Engg. Degree 3 CAIIB Part-i 1 CAIIB Part-Ii 2 10 10 Marks Performance of overall rating for the past 3 years 30 Marks Interview 30 Marks Total 100 Marks" It has also not been disputed that promotions in the present case have been made strictly as per merit prepared by the Committee as per the criteria referred to above and further there is no dispute that no minimum marks have been prescribed for qualifying for promotion in the above criteria. The similar set of Rules i. e. Regional Rural Banks (Appointment and Promotions of Officers and Other Employees) Rules, 1988 came for consideration before the Supreme Court in the case of BV Sivaiah and others vs. K. Addanki Babu and others (1 ). Enumerating the principles of `seniority-cum-merit', the Supreme Court has held that while applying the principle of `seniority-cum- merit' for the purpose of promotion, what is required to be considered is the inter se seniority of employees who are eligible for consideration. Such seniority is normally determined on the basis of length of service, but as between employees appointed on the same date and having the same length of service, it is generally determined on the basis of placement in select list for appointment. Such determination of seniority confers certain rights and the principles of seniority-cum-merit gives effect to such rights flowing from seniority. ;