SHREE CHANDRASHEKHAR,J. - (1.) Main prayer in this batch of writ petitions is for grant of promotion in Middle Management Grade Scale II from Junior Management Grade Scale I.
(2.) Heard.
(3.) The petitioners have raised a plea that promotion granted in Middle Management Grade Scale II (hereinafter referred to as MMGS II) was not in terms of Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1998. It is contended that once the petitioners qualified the written examination and obtained minimum qualifying marks, they cannot be denied promotion by preparing a merit list based on aggregate of marks obtained in the written examination, interview and performance appraisal. Mr. Afaque Ahmad, the learned counsel appearing in W.P.(S) No.6235 of 2014 has referred to decisions in "B.V. Sivaiah and Others v. K. Addanki Babu and Ors ." reported in(1998) 6 SCC 720 and "Harigovind Yadav v. Rewa Sidhi Gramin Bank and Ors." reported in (2006) 6 SCC 145 , to fortify the contention that once a candidate has secured benchmark, his seniority alone can be considered for promotion. Referring to paragraph no.36 of the judgment in "Ghanshyam Pathak v. Santhal Pargana Gramin Bank, Dumka" reported in (2014) 2 JCR 662 , it is contended that once it is held by the Division Bench that the respondents did not carry the promotion exercise following seniority-cum-merit rule, the whole exercise pursuant to notice dated 25.10.2004 must be held illegal and the petitioners shall be accorded similar benefit which has been granted to the petitioners in W.P.(S) no.265 of 2005 and batch cases.;