JUDGMENT :

(Jagmohan Bansal, J.) :

1. The petitioner through instant is seeking setting aside of memo dated 18.07.2005 (Annexure P-5) whereby he was required to appear in written test as per promotion policy dated 15.09.2003 for promotion MMGS-III w.e.f. 01.11.1993.

2. The petitioner on 03.12.1984 joined respondent-bank as Probationary Officer. He was granted grade of Middle Management Grade Scale-II (for short ‘MGS-II’) w.e.f. 01.08.1990. As per policy in vogue, the petitioner was entitled to grade of MMGS-III w.e.f. 01.11.1993. The petitioner in 1991 was posted at Sonitpur (Assam). An FIR under Section 326 and 376 of IPC came to be registered against the petitioner and he was arrested. The respondent suspended the petitioner w.e.f. 23.08.1991. During the pendency of criminal proceedings, the respondent re-instated the petitioner w.e.f. 30.08.1994. The petitioner vide order dated 20.04.1995 was allowed benefit of continuance of service as well as other benefits as admissible to him from the date of suspension to the date of his reinstatement. The criminal proceedings came to be set aside vide order dated 09.05.2001 passed by Guwahati High Court. The respondent-bank granted the petiti