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2000 Supreme(Kar) 237

Karnataka High Court
Mohan Favate - Appellant
Versus
Management of Malaprabh Grameena Bank, Dharwad - Respondent
Decided On : 03-24-00
W.P. : 23867 of 1995

Advocates:
CHANDRASEKARAN, Satish Doddamani

Headnote:Constitution of India-Article 16 and 226, Regional Rural Banks Act, 1976-Section 29-Regional Rural Banks (Appointment and Promotions of officers and other Employees) Rules, 1988-Schedule 2, Para 7-Seniority-cum-merit as rule for promotion-selection done ignoring the rules held contrary to rules and set aside.

       

H. L. DATTU, J.

( 1 ) SINCE common questions of fact and law are involved in all these writ petitions, they are clubbed together, heard and disposed of by this common order.

( 2 ) MALAPRABHA Grameena Bank is a regional Rural Bank established under the provisions of Regional Rural Banks Act, 1976. The Bank is sponsored by Syndicate Bank, which is a nationalised Bank.

( 3 ) PETITIONERS 1 to 3 in W. P. Nos. 23867 to 23870 of 1995 had joined the services of the rural Bank some time in the year 1977 as branch Managers. Petitioner 4 had joined the services of the Bank as Officer Grade I. Petitioner in W. P. No. 43467 of 1995 had joined the services of the respondent-Bank as manager and at the time of filing of this petition, was working at Hirehonnahalli Branch of the respondent-Bank. Petitioners 1 and 3 in w. P. Nos. 11979 to 11981 of 1995 had joined the services of the respondent- Bank as Branch managers and petitioner 2 therein had joined the services of the Bank as Probationary officer.

( 4 ) IN these petitions filed under Article 226 of the Constitution, petitioners primarily question the correctness or otherwise of the order of promotion bearing No. 86/15/95/psd, dated April 15, 1995 passed by respondent-Bank in promoting respondents to the next promotional post of Middle management Grade Scale II Officers (for short 'mmgs II' ). Secondly, the promotion policy issued by the respondent-Bank in its circular bearing No. 53/8/95/psd, dated February 28, 11995 insofar as procedural aspects prescribed therein and lastly, for a direction to the respondent-Bank to consider the case and claim of these petitioners for promotion to the cadre of MMGS II purely on seniority-cum-merit from the date of their entitlement or in the alternative from the date their immediate juniors were promoted and to grant consequential service and monetary benefits.

( 5 ) RESPONDENT-MALAPRABHA Grameena bank (hereinafter referred to as "bank") is incorporated under Section 3 (1) of the Regional rural Banks Act, 1976. Syndicate Bank is its sponsor Bank: It is stated in the petitions, which is not denied by respondents either, that the bank has its own Service Regulations framed in exercise of the power under Section 30 of the Regional Rural Banks Act, 1976, after consultation with sponsor Bank and National bank for Agricultural and Rural Development (for short 'nabard') with its previous sanction of the Central Government.

( 6 ) THE Board of Directors of each Rural bank is authorised under the Rules framed by the Central Government in consultation with sponsor Bank to create such number of posts as are specified in the Second Schedule to the rules from time to time. Rule 4 prescribes that the Board of Directors may in consultation with the sponsor Bank, determine the number oi vacancies in each post keeping in view the guidelines issued by the Central Government from time to time. In exercise of this power, the Board of Directors of the Bank after obtaining necessary approval from the sponsor bank have created 37 promotional posts in the category of Middle Management Grade Scale ii in their meeting held on October 24, 1994 and the posts to be filled up by internal promotion based on the guidelines issued by nabard from time to time. The guidelines for promotion is circulated to all its branches by respondent-Bank by its Circular No. 53/8/95/psd, dated February 28, 1995. The guidelines so issued would clearly prescribe that the promotional posts are to be filled up by 100% promotion on the basis oi seniority-cum-merit from amongst the officers, who have put in a minimum of 8 years oi service in the Bank. Since the entire case of the petitioners revolves round the procedure prescribed in the circular, the same requires to be noticed. Therefore, it is extracted. "malaprabha Grameena Bank head Office: Belgaum Road: p. B. No. 111, Dharwad-580 008. Personnel and Secretarial Division ref: Cir. No. 53/8/95/psd date: 28-2-1995 to all Our Branches/ offices. Promotion to t






















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