IMPORTANT POINT
Promotion - seniority-cum-merit.

Judgment :-

Aftab Alam, J.

1. Leave granted in all the special leave petitions.

2. All the appeals are at the instance of a Regional Rural Bank, namely, Rushikulya Gramya Bank, and the matter relates to promotion from one scale to another. Out of the eight appeals, six relate to promotion from Junior Management Scale-I to Middle Management Scale-II and in the remaining two appeals (arising from SLP (Civil) No.17974 of 2008 and SLP(civil) No.18898 of 2008), the matter relates to promotion from Clerk to Junior Management Scale-I.

3. The short question that arises in these appeals is whether it is open to the management of the Bank to lay down a benchmark, besides the criteria fixed by the rules for grant of promotion on seniority-cum-merit basis.

4. The appellant - bank issued a circular No.024/2004-05, dated June 23, 2004 notifying the vacancies inter alia in the seventeen posts of Middle Management Scale-II and eight posts of Junior Management Scale-I. The circular stated that the process of promotion shall be conducted as per the promotion rules of the Government of India. For promotion to the post of Middle Management Scale-II, the zone of consideration was four times the number of vacancies and for promotion to the post of Junior Management Scale – I, all eligible candidates were permitted to take the exam.

5. The rules governing promotion from Junior Management Scale-I to Middle Management Scale-II, in so far as relevant for the present, are as under:-

*2 (a) to (c) xxxxxxxx

(d) Whether promotion to be made on seniority basis or merit:

Promotion shall be made on the basis of seniority-cum-merit.

(e) Eligibility: xxxxxxx

(f) Mode of Selection: The Selection of the candidates shall be made by the committee on the basis of written test, interview and assessment of Performance Appraisal Reports for the preceding five years as an officer in Sealed/Field Supervisor.

(g) Composition of Committee: xxxxxxxxx

(h) Reckoning of the minimum eligibility: xxxxxxxxx

i) Number of candidates to be considered for promotion: xxxxxxxxx

(j) Selection process for promotion: The selection shall be onthe basis of performance in the written test, interview and performance Appraisal Report for preceding five years as per the division of marks given below.

(A) Written Test: 60 marks

(B) Interview: 20 marks

(C) Performance Appraisal Reports: 20 marks

TOTAL marks: 100 marks

(A) Written test (60 marks)

The candidates shall be required to appear for written test comprising of two parts viz. Part (A) covering Banking Law and practice of Banking and Part (B) covering Credit Policy, Credit Management including Priority Sector, Economics and Management.

:60 marks allotted written test shall be further divided as under:

Part “A” 30 marks

Part “B” 30 marks

A list of only those candidates who secure minimum 40% marks in each part shall be prepared and such candidates shall be called for interview.

(B) Interview (20 marks):

There shall be no minimum qualifying marks for the interview.

(C) Performance appraisal Reports (20) marks):

Performance Appraisal Reports for the preceding five years shall be considered for the purpose of awarding marks for promotion.”

In case of promotion from Clerk to Junior Management Class-I scale the division of marks is as under:-

“(A) Written test : 70 marks

(B) Interview marks : 20 marks

(C) Performance Appraisal : 10 marks.

Reports

Total Marks : 100 marks.”

70 marks allotted to written test are further divided as under:

“English : 35 marks

Bank Law Practice : 35 marks

Total Marks : 70”

6. A candidate in order to qualify must secure a minimum of 40 per cent marks each in English and banking law practice.

7. The appellant – bank, in addition to the requirement of 40% qualifying marks in the written test further fixed the qualifying mark of 60% for general candidates and 55% marks for SC/ST candidates on the aggregate marks comprising written test, performance appraisal reports and interview.

8. The names of all candidates who got 60% or above in the aggregate were put in the