S.J. Mukhopadhaya, J. - (1.) In both the appeals, as common question has been raised and the respondents are common, they were heard together and are being disposed of by this common judgment.
(2.) The case of the appellants, K. Ramachandran and Rajeev Mohan is that they were Junior Management Grade Scale I Officer (J.M.G. Scale I, for short) of United Commercial Bank (Bank, for short), appeared in competitive test for promotion to the next higher Middle Management Grade II (M.M.G. Scale II) post and having competed, were informed by similar letter both having common No. PER/PRM/COM/425/ 94, dated 1.2.1994 that the competent authority decided to promote them to M.M.G. Scale II (w.e.f. 15th January, 1994) subject to the decision of various writ petitions filed by a few officers in the High Court at Calcutta and Cuttack. At that time, both the appellants were posted at Jamshedpur in two different branches. Subsequently, the Bank transferred and posted them by two orders No. T.O. No. BZO/TRO/94/5 and 8, both dated 22nd March, 1994 as a Manager, Bariarpur (K. Ramachandran) and Manager, Chapra (Rajeev Mohan). On such transfer and posting, both the appellants represented against the transfer. In the meantime, the Branch Manager, having taken step to relieve them from Jamshedpur to join the transferred place, the appellants refused promotion. The appellant -K. Ramachandran vide letter dated 4th April, 1994 requested to stay his transfer and by subsequent letter dated 23rd April, 1994, he informed the Manager, UCO Bank, Jugsalai, Jamshedpur that he is awaiting the decision on his representation. He further informed that in all wisdom, if he was to be relieved then in such case he refuse the offer of promotion without prejudice. Similarly, appellant -Rajeev Mohan vide his letter dated 5th May, 1994 while requested to stay his transfer, by subsequent letter dated 16th May, 1994 informed the Manager, UCO Bank, Gamaria that if it is not possible to keep him at Jamshedpur after his promotion, then he refuse to accept promotion to M.M.G. II. The Bank, thereafter, vide order dated 5.9.1994, taking into consideration the refusal of promotion by K. Ramachandran, reverted him to his substantive post of J.M.G. Scale I and ordered that he will be 'ineligible' for promotion to M.M.G. Scale II for three calendar years, ie. 1995, 1996 and 1997 as per clause 14.1 of the Promotion Policy, 1992. By another similar order dated 5.9.1994, the appellant -Rajeev Mohan was also reverted to his substantive post of J.M.G. Scale I and was made 'ineligible' for promotion to M.M.G. Scale II for three calendar years, i.e. 1995, 1996 and 1997. Curiously, both the appellants challenged the aforesaid penal orders both dated 5th September, 1994 after about four years on different grounds. The appellant -K. Ramachandran also challenged clause 14.1 of the Promotion Policy, 1992, circulated vide Circular No. 203 of 1992 -93, dated 1st October, 1992 as ultra vires being violative of Article 14 of the Constitution of India. There appears to be substance in the contention aforesaid.
(3.) The Promotion Policy, 1992, circulated vide Circular No. 203 of 1992 -93, dated 1st October, 1992 has been framed by the Board of Directors of the Bank under Regulation 17 of the UCO Bank (Officers) Service Regulation, 1976 (Service Regulation, 1976 for short). For promotion from J.M.G. Scale I to M.M.G. Scale II, the criteria for eligibility has been fixed under Clause 2.1(i). An officer having seven years of satisfactory service in J.M.G. Scale I and two years of service experience in a rural branch, is eligible for promotion to M.M.G. Scale II. As per policy, promotions can be granted through two channels, one of them is "written test channel". As per Clause 11.9, while officer(s) on promotion may be posted at any branch or office in the country or abroad at the discretion of the Bank, under Clause 14, he effect of refusal of promotion and posting stipulated, which reads as follows : - - "14. Officers who refuse to accept promotion and posting. - -(1) An officer who appears for promotion and gets selected and he refuses to accept promotion or posting on such promotion shall be considered ineligible for promotion for the next three calendar years after the close of the calendar year in which he refusal takes place. If he refuses second time also, he will be permanently debarred for promotion. (2) The decision of the Chairman and Managing Director in this regard shall be final. (3) Non -participation in the interview will make a candidate ineligible for promotion. However, it will not be construed as refusal for promotion.";