judgment

HARJIT SINGH BEDI, J. —

1.Leave granted.

2.This appeal is directed against the judgment and order of the Division Bench of the Rajasthan High Court dated 18th August 2005 setting aside the judgment of the learned Single Judge thereby allowing the writ petition filed by the respondents and further directing that promotion to the post of Scale-II Officers be held as per the Rules of 1998. The facts leading to the filing of the appeal are as under:

3.On 28th September 1988 the Department of Economic Affairs (Banking Division), Ministry of Finance, Government of India, after consultation with the National Bank for Agriculture and Rural Development and in exercise of the powers conferred by Section 29 of the Regional Rural Banks Act 1976 notified the Regional Rural Banks (Appointment and Promotion of Officers and others Employees) Rules, 1988 (hereinafter called the Rules of 1988) which came into force w.e.f. 28th September 1988. The second Schedule of these rules provided for the mode of appointment to different categories of officers. The appellants herein fell in category No.6 whereas category No.7 dealt with the appointment of Area Managers or Senior Managers by promotion of of