The central legal point established is the requirement for a definite policy for recruitment to Grade-D, Grade-C, and Grade-B posts, specifying the method of recruitment and the proportion of posts to be filled through direct recruitment and promotion.

JUDGMENT :

A.M.BUJOR BARUA, J.

Heard Mr. M Sarma, learned counsel for the petitioner being the Apex Bank Staff Association. Also heard Mr. J K Goswami, learned Standing Counsel for the respondents being the authorities under the Assam Co-Operative Apex Bank.

2. Without going into the details of the issues raised, it is taken note that the petitioners who represent the Grade-E and above officers of the Bank seek for a direction that the recruitment to the Grade-D, Grade-C and Grade-B be done by following the procedure of promotion and not to make any direct recruitment against such posts in the said Grades. After hearing the parties, it has been brought to the notice of the Court that no procedure had been laid down by the authorities in the Assam Co-Operative Apex Bank governing the methods or the procedures to be followed for recruitment to the Grade-D, Grade-C and Grade-B in the Bank. Advertisements of the Assam Co-Operative Apex Bank are referred by which some of the posts are sought to be filled up by the direct recruitment.

3. In the absence of any specific methods and procedures being laid down by the Board of Directors of the Bank as regards the recruitment to the post in the Grade-D, Grade-C and Grade-B of the Bank, it would be difficult for this Court to arrive at any adjudication on the claim and the counter claim made in this writ petition. However, the method of recruitment cannot be left to a discretion of the authorities so that any favourable method can be adopted at any time depending on at what stage and in what manner the recruitment are sought to be made.

4. Considering the matter in its entirety, we are of the view that the interest of justice would be served on the Board of Directors of the respondents Assam Co-Operative Apex Bank being directed to formulate a definite precise policy for the recruitment to the Grade-D, Grade-C and Grade-B posts of the Bank i.e. as to whether the recruitment would be by means of direct recruitment or it would be by following the method of promotion and the required qualifications thereof or it would be done on a combination of both direct recruitment and promotion. If it is on method of a combination of direct recruitment and promotion, the proportion of the posts available to be made through the direct recruitment and through promotion be also specified in such policy.

5. Accordingly, we direct the Board of Directors of the respondents Assam Co-Operative Apex Bank to formulate the policy as indicated above within a period of two months from the date of receipt of certified copy of this order and after formulation of the policy, the recruitment of the said posts may be carried forward further.

6. In view of the aforesaid direction, we further provide that in respect of any recruitment that may have already been initiated 50% of the available posts of the aforesaid grades be filled and the balance of the posts would be subjected to the policy that may be formulated as indicated above. We pass this order without going into the merit of the respective claims made in this writ petition that all such recruitment process should be on the basis of promotion and it would be for the Board of Directors to take their own independent decision on the matter.

Writ petition stands disposed of in the above terms.