Hon’ble Dr. Devendra Kumar Arora, J.—Heard Mr. A.M. Tripathi, learned Counsel for the petitioners, Mr. Lalit Shukla, learned Counsel for the opposite parties Nos. 1 and 2-Bank and Mr. Shamshad Ahmad Khan, learned Counsel for opposite parties Nos. 3 to 18.

2. Petitioners have approached this Court under Article 226 of the Constitution of India, challenging the order dated 24.11.2004 issued by the General Manager, Barabanki Gramin Bank, Head Office, Dewa Road, Barabanki contained in Annexure No. 1 to the writ petition, so far as it relate to fixing of the bench mark i.e. 55 marks in the promotion from Clerk to Officer Scale-I in the Bank. Petitioners have also challenged the promotion orders of all the juniors to them after summoning the originals from the Bank authorities and consider the promotion of petitioners from Clerks to Officer Scale-I from the date which they have promoted the juniors to petitioners from Clerks to Officer Scale-I.

3. Shorn off unnecessary details the facts of the case are as under :

Barabanki Gramin Bank is one of the Regional Rural Banks established under Section 3 of the Regional Rural Banks Act, 1976 for the purpose of developing economy by providing credit and other facilities to the agriculturists and artisans etc. The Sponsor Bank of the Barabanki Gramin Bank is the Bank of India. Section 17 of the Regional Rural Banks Act, 1976 provides that a Regional Rural Bank may appoint such number of officers and other employees, as may be, considered necessary and may determine the terms and conditions of their appointment.

4. According to petitioners, they were initially appointed as Clerk on 21.8.1984 in the Barbanki Gramin Bank and since then, they are performing their duties on the post of Clerk/Cashier in the different branches of Barabanki Gramin Bank, Barabanki with sincerity and honesty. Their services are governed by the Appointment & Promotion of Officers & Other Employees Rules, 1988 [in short, Rules, 1988] published in the Gazette on 29.7.1998, by means of which, the criteria for promotion from Clerk to Officer Scale-I has been mentioned i.e. seniority-cum-merit by prescribing the test of 100 marks i.e. written test of 70 marks, interview 20 marks and performance appraisal 10 marks,. The opposite parties with regard to the promotion in the Officer Cadre as well as the Clerical Cadre circulated guidelines for promotion on different posts vide Circular dated 18.11.2004, wherein under the heading of mode of selection, the minimum qualifying marks in aggregate was 60 out of total 100 marks but the same has been amended from 60 marks to 55 marks out of 100 marks, vide Circular dated 24.11.2004.

5. Submission of the learned Counsel for the petitioners is that petitioners alongwith other candidates have applied for promotion from Clerk cadre to Officer Scale-I cadre. The written test was held on 2.1.2005, in which, petitioners were declared successful. Thereafter, petitioners appeared in the interview, which was held on 26.2.005, 27.2.2005 and 28.2.2005. Subsequently, the result was declared vide letter dated 7.4.2005, in which the persons placed at serial No. 9, 10, 11, 29, 30, 31, 34, 35, 15, 39, 41, 43 and 38 in the seniority list were declared successful and were given promotion from Clerk to Officer Scale-I ignoring the claim of petitioners who were at serial No. 13, 28, 15 and 17 in the seniority list. His submission is that junior persons were promoted by ignoring petitioners’ candidature, which is discriminatory and in violation of promotion criteria i.e. seniority-cum-merit by adopting pick and choose policy, therefore, the whole exercise is void ab initio and is liable to be set-aside.

6. Elaborating his submission, learned Counsel for the petitioners has submitted that Barabanki Gramin Bank is not competent to fix/frame the said rule/circular by providing 55% marks in aggrega