Veerender Singh Siradhana, J. - (1.) The petitioners, after having participated in the recruitment process for promotion to the post of Junior Management Grade Scale -I (for short, 'JMGS -I'), have approached this Court, praying for the following relief(s): "It is therefore, prayed that this writ petition may kindly be allowed and by appropriate writ, order or directions, the circular dated 21.8.2012 may kindly be quashed and set aside to the extent of prescribing maximum number of promotion only upto 40% of the vacancies in Group B. That the respondents may be directed to consider the petitioners, who are in Group B, for their promotion from clerical cadre to the post of JMGS Grade I against the remaining unfilled vacancies of Group A. That by appropriate writ, order or directions, the respondents may be directed to promote the petitioners to the post of JMGS Grade I against the unfilled vacancies with all consequential benefits. Any other relief which this Hon'ble Court may deem fit in favour of the petitioners may also be given to them."
(2.) Briefly, the essential skeletal material facts necessary for appreciation of the controversy needs to be first noticed. The petitioners belonging to Group 'B' of the Clerical Cadre appeared in the examination, in response to circular dated 21st August, 2012. Having been unsuccessful for promotion from Group 'B', the petitioners have challenged the restriction of 40%, as contemplated in the promotion policy from Clerical to Officers Cadre under Trainee Officer Channel (Group B). The challenge is mainly based on the ground that no such restriction was adhered to in the previous years right from 2007 onwards, and shifting of the unfilled vacancies of Group 'A', was a practice in vogue. The unfilled vacancies of JMGS -I, were filled up from amongst the eligible candidates of Group 'B', and this was the established practice. Instances have been cited with reference to the promotions made in the year 2007, 2008 and 2010.
(3.) The learned counsel for the petitioners reiterating the pleaded facts and grounds of the writ application, laid much thrust on the practice that was prevalent i.e. not adhering to the condition of percentage beyond which shifting of vacancies of promoted posts of JMGS -I, which remained unfilled on account of non -availability of eligible candidates of Group 'A' of the respondent -Bank, were filled up from the eligible candidates in under Group 'B' of the Clerical Cadre.;