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2014 Supreme(Mad) 182

M.VENUGOPAL
K. Muthuraj – Appellant
Versus
Indian Overseas Bank – Respondent


Advocate Appeared:
For the Petitioners:V. Prakash, Senior Counsel for M/s. K. Sudalaikannu, Advocate.
For the Respondents:R1, Karthick for M/s. T.S. Gopalan & Co., Advocates, R2 & R3, M. Christella, CGSC.

JUDGMENT

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 Manag


































































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