Arun Bhansali, J. - (1.) These intra -court appeals have been filed by the appellant -Bank aggrieved against the order dated 15.12.2006 passed by the learned Single Judge, whereby the writ petitions filed by the respondents were allowed and the appellants were directed to reconvene the meeting of the Selection Committee to re -conduct the selection for making promotion by adopting the correct criteria of promotion i.e. Seniority -cum -merit in the light of law discussed and complete the exercise within a period of three months.
(2.) The respondents -petitioners were appointed and were working on the post of Officer - Junior Management Grade/Scale -I (JMG/S -I) since 1985. The Regional Rural Banks (Appointment & Promotion of Officers & Other Employees) Rules 1998 ('the Rules of 1998') were notified w.e.f. 29.7.1998. On 19.8.2002, the Bank issued a circular for the purpose of filling up vacancies in Middle Management Group/Scale -II (MMG/S -II) from JMG/S -I as Senior Manager/Area Manager, wherein 12 vacancies were to be filled up under the Rules of 1998.
(3.) Whereafter, another circular dated 5.10.2002 was issued indicating that the promotion shall be on the basis of written test and interview as per the Rules of 1998. Pursuant to the circular, the written test was held on 29.12.2002 and a list dated 3.2.2003 was published of the successful candidates in the written test, wherein names of all the four respondents appeared. After result of written test was declared on 3.2.2003, another circular dated 19.2.2003, which has led to the present dispute, was issued wherein it was indicated that the Board of Directors of the Bank had in their meeting dated 18.2.2003 prescribed minimum cut -off marks after the written test, interview and performance appraisal report at 60 for general category and 55 for SC and ST candidates. Whereafter, the impugned promotion list dated 22.8.2003 indicating the list of officers promoted from JMG/S -I to MMG/S -II was issued, which list did not include the names of the respondents. The respondents made representation to the Managing Director, which representation was rejected by order dated 5.1.2004. Whereafter, they filed the writ petitions and on notices being issued, the same was contested by the appellants.;