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2001 Supreme(All) 613
IN THE HIGH COURT OF ALLAHABAD
M. KATJU, R. B. MISRA
RAJENDRA KUMAR SRIVASTAVA - Appellant
Versus
SAMYUKT KSHETRIYA GRAMIN BANK - Respondents
C. M. W. P. 3151 Of 1997
Decided On : 07/04/2001
Ashok Khare, VINEET SARAN
The judgment established the validity of promotion criteria based on seniority-cum-merit and the authority to set a minimum eligibility requirement. It also emphasized the principle that candidates who voluntarily participate in the selection process without protest cannot subsequently challenge the selection.
Headnote:
Promotion - Regional Rural Banks Act, 1976 - Section 17, Section 29 - The court discussed the provisions of the Regional Rural Banks Act, 1976, particularly Section 17 and Section 29, and their implications on the promotion criteria for officers Scale-II in the respondent bank.
Fact of the Case:
The petitioners sought promotion from officers Scale-I to officers Scale-II in a Regional Rural Bank. The bank's promotion criteria were challenged, alleging unauthorized extension of the zone of consideration and improper selection process. The bank defended the promotion criteria and alleged misconduct by the petitioners.
Finding of the Court:
The court held that the promotion criteria, which included seniority-cum-merit and a minimum eligibility requirement, were valid. The court also noted that the petitioners had voluntarily participated in the interview without protest, and thus could not subsequently challenge the selection.
Issues: The issues involved the validity of the promotion criteria, the selection process, and the alleged misconduct by the petitioners.
Ratio Decidendi: The court emphasized that even in promotions based on seniority-cum-merit, a minimum eligibility requirement can be set, and the totality of the service record must be considered. The court also highlighted that candidates who voluntarily participate in the selection process without protest cannot subsequently challenge the selection.
Final Decision: The petition was dismissed, and no costs were awarded.
( 1 ) THIS writ petition has been filed praying for a writ of certiorari for quashing the impugned order dated December 20, 1996 annexure-14 to the writ petition passed by the chairman, Samyukt Kshetriya Gramin Bank, azamgarh and for quashing the entire proceeding undertaken by the respondent Bank for grant of promotion from among the officers scale-I to officers Scale-II and for a mandamus directing the respondents to make fresh promotion to the post of officers Scale-II strictly in accordance with law.
( 2 ) WE have heard the learned counsel for the parties and have perused the affidavits.
( 3 ) THE respondent Bank was established as a Regional Rural Bank under the provisions of the Regional Rural Banks Act, 1976. The bank has been sponsored by the Union Bank of india and its management is vested in the Board of Directors comprising of Directors nominated by the Central Government, State government and the Sponsoring Bank. Under the Act, power is conferred on the Central government to issue directions as also to frame rules. Regulation-making power has been conferred on the Board of Directors of the regional Rural Bank to be exercised in consultation with the Reserve Bank of India and with previous sanction of the Central government.
( 4 ) THE petitioners are officers Scale-I in the respondent bank and posted in various branches in the State. The dates of appointment are from 1979 to 1982 on various dates as mentioned in paragraph 6 to the writ petition. On February 22, 1991 an award was given by the National Industrial Tribunal under which the pay scale and categorisation of officers of the Regional Rural Banks was brought at par with the pay scale of the sponsoring bank w. e. f. September 1, 1987. As a consequence of this award, the petitioners were, granted designation of officers Scale-I in the pay scale of Rs. 2,100-4,020 w. e. f. September 1, 1987. Above this designation is the grade of officers scale-II carrying the pay scale of Rs. 3,060-4,390.
( 5 ) IT is alleged in paragraph 11 of the writ petition that the work and conduct of the petitioners have been satisfactory and there is no adverse entry and they have received appreciation letters vide Annexures-1 to 4 to the writ petition. A seniority list of the officers was published by the Chairman by order dated december 4, 1996 vide Annexure-6 to the writ petition. In this seniority list, the petitioner nos. 1 to 7 are at serial Nos. 18, 39, 56, 10, 29 and 91 respectively. The Regulations were framed in 1980 by the respondent bank with the previous approval of the Central Government but these regulations do not provide for promotion criteria. The Central Government issued a notification dated September 28, 1998 in exercise of powers under Section 17 read with Section 29 of the Act notifying a set of rules, true copy of which is Annexure-6 to the writ petition. In pursuance of this notification, a circular letter was issued on January 2, 1989 by the Chairman vide Annexure-7 to the writ petition. The consequential letter dated April 10, 1989 is Annexure-8 to the writ petition. On november 5, 1996 a circular letter was issued by the Chairman notifying the procedure of sealed cover regarding the persons against whom the proceedings were pending. True copy of the same is Annexure-9 to the writ petition. On September 17, 1994 a seniority list was issued by the National Bank for agriculture and Rural Development addressed to all the sponsoring Banks and Regional Rural banks notifying the recruitment and promotion policy vide Annexure-10 to the writ petition. An earlier circular letter dated December 1, 1987 specifying the meaning to be given to the criteria seniority cum merit is Annexure- 11 to the writ petition.
( 6 ) UNDER the notification dated September 28, 1988, the minimum eligibility criteria for promotion to Scale-II is having put in eight years service as officers in the concerned regional Rural Bank with rider that the Board of Directors may grant exem
