JUDGMENT

S.B. Sinha, J.—

1.Respondent herein was a candidate for being appointed in the post of officer in the appellant Bank pursuant to or in furtherance of an advertisement made on 21.8.1984.

2.indisputably, Appellant Bank is governed under the provisions of Regional Rural Bank Act, 1976 (The said Act), its sponsor Bank being bank of India. Indisputably, again its functions are under the control of National Bank for Agriculture and Rural Development (NABARD in short).

3.The rural banks in terms of the provisions of the said Act are obligance to follow the instructions issued by NABARD as also by the Central Government.

4.We may at he outset notice some office orders and circulars issued by the Central Government as also by the NABARD so as to appreciate the rival contentions raised by the parties before us.

5.On or about 6.2.1994, a Circular was issued by NABARD in terms whereof 33% staff had been said to have been promoted to the post of officer. NABARD also issued a Circular on or about 31.12.1984 which was circulated amongst all the Chairman of the Rural Regional Rural Banks, inter alia, stating as under :

“4. Officers :

50% of the vacancies of the officers are to be filled by direct