P.P.NAOLKEKAR,J. - (1.) THE petitioner was appointed in Thar Aanchalik Gramin Bank (for short 'the Bank') in the month of February, 1984, on the post of Junior Clerk -cum -Cashier. Later on, the petitioner was confirmed on that post. The petitioner has a complaint that although his juniors have been promoted to the post of Field Supervisor in a promotion held in October, 1990, he was not given promotion. Admittedly, the petitioner is senior to some of the persons, who have been given promotion to the post of Field Supervisor.
(2.) ACCORDING to the respondent, the petitioner's case for promotion was not considered as per the Circular issued by the Bank on 2.6.90 where under the norms for consideration of merit and fitness are prescribed. It is laid down in para 5 of the Circular that persons who have been punished in a departmental enquiry, would not be taken into consideration for the purposes of promotion for three years from the date of imposition of the punishment. The petitioner was imposed with a punishment, of stoppage of one grade increment without cumulative effect on 18.2.88. In appeal, the punishment was reduced to reprimand and, therefore, the petitioner's case was not considered in the D.P.C. of 1990. If the Circular is in accordance with rules and not contrary to the provisions of the Rules governing the service of the petitioner, then non -consideration of the petitioner's case in a D.P.C. held in the month of October, 1990, will be in accordance with law, if not, then the petitioner will be entitled to have the relief in the case. The Govt. of India in exercise of the powers conferred by Section 29 read with Section 17 of the Regional Rural Banks Act, 1976 (for short 'the Act'), Promulgated the Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1988 (for short the Rules'). Rule 5 of the Rules deals with promotion to the post of Field Supervisor. The promotion has to be made 50% by promotion from the confirmed Senior and Junior Clerks -cum -Cashier or Clerk -cum -Typist or Steno or Steno -Typist on the basis of seniority -cum -merit. Thus, according to the Rules, the petitioner was entitled to be considered for promotion to the post of Field Supervisor by the Bank on the basis of his seniority but same cannot be said about his merit. His case was not considered on account of the punishment imposed on him as under the Circular, he is not meritorious, for a period of three years from the date of Imposition of punishment. In my opinion, the Circular issued is not contrary to the Rules. It only provides what is the merit which shall be taken into consideration for the purpose of promotion. It is now well settled that an employee has no right of promotion although he has a right of consideration for promotion, if the consideration for promotion is based on the basis of seniority -cum -merit, it is necessary to consider the merit of a person. For consideration of the merit, if guidelines are provided by the Bank or by any Institution, these guidelines cannot be said to be addition to the Rules but they will be within the Rules and shall be taken to have been made to subserve the purpose and object for which the rules are framed. Nothing has been brought to the notice of this Court where a view can be taken that the Circular issued by the Bank is arbitrary and is contrary to the provisions of the Rules. The Circular is only for the purpose of ascertaining the merits, which is one of the criteria laid down for promotion to the higher post. The non - consideration of the petitioner's case for promotion in the month of October, 1990, cannot be said to be against or contrary to the Rules.
(3.) THAT being the position, this petition is dismissed. However, in the circumstances of the case, there shall be no order as to costs.;