Promotions should be based on the principle of seniority-cum-merit, with a requirement for a minimum eligibility criterion.

( 1 ) THIS writ petition has been filed for quashing the result of the interview held on 3/4. 12. 1997 and for quashing the result and select list dated 22. 6. 2001, Annexure-1 to the petition for promotion of the petitioners from the post of officer scale-1 to the post of officer scale-II in the service of respondent No. 1 Kashi Gramin Bank, Varanasi. The petitioners also prayed for mandamus directing the respondents to promote them from 3. 12. 1997 that is the date from which their juniors were promoted.

( 2 ) HEARD learned counsel for the parties.

( 3 ) THE petitioners were appointed as officers in Kashi Gramin Bank, Varanasi by order of the chairman of the Bank. A true copy of the seniority list issued by the Bank is Annexure-2 to the writ petition. The petitioners names are at serial Nos. 26, 27, 28, 31, 32, 40, 41 and 42 in the select list.

( 4 ) IN paragraph 4 of the petition it is alleged that in the meeting of the Board of Directors of the bank held on 30. 6. 1997 it was decided to promote the officers grade-I in accordance with the present seniority list. True copy of the minutes of the meeting dated 30. 6. 1997, in this connection is Annexure-3 to the petition. A copy of the letter of NABARD dated 16. 7. 1988 which lays guidelines for promotions is Annexure-4 to the writ petition and it is alleged in paragraph 5 of the petition that this was not taken into consideration by the respondents for granting promotions. The NABARD circulars dated 1. 12. 1987 and 10. 2. 1988 are Annexures-5 and 6. It is alleged that these clearly indicates that posts are to be filled up by 100% promotion by only one source and the rule of seniority-cum-merit has to be applied. The NABARD further clarified by its letter dated 7. 10. 1996, that the guidelines issued by the Government of India on 28. 8. 1988 are to be strictly applied for promotion. A true copy of the notification dated 28. 9. 1988 along with the NABARD letter dated 7. 10. 1996 are Annexure-7 to the petition.

( 5 ) IT is alleged in paragraph 8 of the writ petition that the respondents against the above guidelines gave respondent Nos. 2 to 18 promotions and without following the procedure laid down by the Board and NABARD. The persons who were earlier reprimanded by the Board have been given promotion thus ignoring the guidelines of the NABARD, Government of India notification, and other relevant circulars and letters. It is alleged in paragraph 9 of the petition that the Chairman and four Directors of the Board had observed that the guidelines laid down were not followed by the Board at the time of giving promotion. It is further alleged that the chairman has even recommended for cancellation of the promotion through interview held on 3/4. 12. 1997. True copy of the letter of the Chairman, along with other Directors of the Boards recommendation are annexed as Annexure-8 to the writ petition. It is alleged in paragraph 10 of the petition that the new guideline, which was utilized in the interview held on 3/4. 12. 1997 was not informed to the Board of Directors. The President, Officers Association, Kashi Gramin Bank, varanasi, sent a letter to the Chairman of the Bank on 14. 1. 1998, asking as to what guidelines have been sent for promotion. True copy of the said letter is Annexure-9 to the petition. It is alleged in paragraph 11 of the petition that the Chairman through letter dated 16. 1. 1998, informed the President that the new guideline had been adopted for promotion in the interview held on 3/4. 12. 1997. It is alleged in paragraph 12 of the petition that no such guideline or guidelines was issued by the Government of India or NABARD. Neither the Chairman nor the board informed about the new guideline before the Interview, and the new guideline was not approved by the Board of Directors. The petitioners filed an application requesting to be informed about the new guideline vide letter dated 7. 7. 2001. True copy of the reply dated 13. 7. 2001, is annexed as An