1. The Petitioners have preferred the instant Writ of Certiorarified Mandamus calling for the records of the First Respondent/Indian Overseas Bank, Central Office, 763, Anna Salai, Chennai-600 002, in connection with its promotion policy for officers 2012 is concerned and to quash the same in so far as the impugned policy requires a minimum of 75% marks in APAR for each of the three years required for eligibility for the officers in SMG Scale IV for promotion to SMG Scale V is concerned. Further, they have sought for passing of an order by this Court in directing the First Respondent-Bank not to implement the said promotion policy based on APAR marks awarded without adhering the law laid down by the Hon'ble Supreme Court of India in Dev Dutt v. Union of India, (2008) 8 Supreme Court Cases 725 and Others and reiterated in Abhijit Ghosh Dastidar v. Union of India and Others, (2009) 16 SCC 146 and enunciated in the circular of the Third Respondent in Ref. No.5(1)/2000-GM, Office Memorandum dated 28.05.2009.

2. The Summary of Writ Facts:

(i) The First Petitioner joined the service of the First Respondent/Indian Overseas Bank in the year 1980 as Clerk and promoted as Junior Management I in the year 1981 and further promoted as M.M.II in the year 2001 and reached SMG Scale-IV since 2008. Further, the Second Petitioner joined the service of the First Respondent-Bank during the year 1976 as Clerk and promoted as Junior Management-I in the year 1981 and further promoted as Middle Management-II and reached SMG Scale IV since 2007. The Third Petitioner joined the service of the First Respondent-Bank during the year 1976 as Clerk and promoted as Junior Management-I in the year 1982 and further promoted as MM-II and reached SMG Scale-IV since 2008.

(ii) It comes to be known that the Fourth Petitioner joined the service of the First Respondent-Bank in the year 1982 as J.M.-I Officer and promoted as J.M.-II in the year 1994 and further promoted as M.M.-III in the year 2002 and reached SMG Scale-IV on 2008. The Fifth Petitioner joined the service of the First Respondent-Bank in the year 1971 as Clerk and promoted as J.M.-I in the year 1978 and further promoted as J.M.-II in the year 1987 and reached SMG Scale-IV since 2008.

(iii) According to the Petitioners, for promotion from SMG Scale -IV to SMG Scale-V, an Officer should have completed a minimum of 3 years of service in SMG Scale IV and all of them have the said qualification. Also that, they have completed the minimum requirement of 12 years of service as officers and satisfied the further requirement of at least 3 years service of as 'Branch Head'. They have already passed the Computer Literacy and Knowledge Test. They were expecting that they would be called for interview for SMG Scale-V. As a matter of fact, they were so called for the selection during the year 2011. Others were called for interview for the year 2012. But the Petitioners were not called for the interview and they were informed now, that too, not in writing that they do not have 75 marks in APAR for the three years viz., 2009, 2010 and 2011. They were not informed what marks were awarded to them in APAR for the aforesaid three years.

(iv) The stand of the Petitioners is that the First Respondent/Indian Overseas Bank is maintaining the policy of non-disclosure and confidentiality as regards the marks awarded in APAR, with the result, they were completely kept in dark as to their performance appraisal for the aforesaid three years.

(v) The First Respondent-Bank is a Nationalised Bank and carrying on the public duty of banking and therefore, it is an instrumentality of Government of India and is an 'Authority' within the meaning of Article 12 of the Constitution of India. The impugned promotion policy is the policy envisaged by the Government of India and all the Nationalised Banks and the policies of the Banks are governed by the directives of the Department of Public Enterprises of Government of India/Third Responden