Gopal Krishan Vyas, J. - (1.) Tho controversy involved in this case, is with regard to promotion on the post of Junior Management Officer Scale I in Gr. A and petitioner has prayed for direction that he is entitled for promotion from the date his junior persons were promoted with all consequential benefits. It is also prayed that, if needed, appointment/promotion of respondent No. 3 may be set aside.
(2.) Learned counsel for the petitioner before arguing on merits of the case has invited my attention that controversy involved in this case has already been decided by Hon'ble Apex Court in case of B.V. Sivaiah and Ors. v. K. Addanti Babu and Ors., reported in AIR 1998 SC 2565 in which it is held by the Hon'ble Apex Court that promotion against the quota of seniority cum merit is required to be made while giving weightage to seniority. In the said judgment the criteria laid down by the Bank for promotion was declared illegal and in this case also the criteria made applicable by the respondent Bank fixing the minimum passing marks in written examination, interview and service record (jointly) is contrary to the law laid down by the Hon'ble Apex Court. Further it is submitted that Hon'ble Apex Court in case of Har Govind v. Rewa Sidhi Gramin Bank and Ors., (2006) 6 SCC page 145 reiterated the principle laid down in case of B.V. Sivaiah's case (supra). Similarly the Division Bench of this Court in D.B. Civil Special Appeal No. 709/99 Sharafat Ali v. Marwar Gramin Bank decided on 21.09.2004 passed an order that authority shall consider the case of petitioner in accordance with law laid down by Hon'ble Apex Court for promotion.
(3.) Learned counsel for the petitioner has further invited my attention that learned Single Judge of this Court vide judgment dt. 16.11.2006 in S.B.Civil Writ Petition No. 1614/2003 followed the judgment of Division Bench passed in Sharafat Ali's case (supra) and following directions were issued by the learned Single Judge "In view of it, this petition for writ is allowed in the terms of the judgment in the case of Sharafat Ali v. Marwar Gramin Bank (supra). The respondents are directed to consider candidature of the petitioners for promotion accordingly.";