IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by SUNNY SUNNY ANKUSHRAO A TH N O KU TE SHRAO T D H at O e T : E ORDINARY ORIGINAL CIVIL JURISDICTION

2025.10.01

12:00:00 +0530 WRIT PETITION NO. 714 OF 2021 Lalit C. Joshi ) Age: 59 years, Occupation : Service, ) Residing at : 7/10, Arya Nagar, )

P.O. Tulsiwadi, Tardeo, Mumbai – 400 034 ) … Petitioner Versus

1 The Chairman & Managing Director )

Bank of Baroda, ) Having Head Office at BCC, ) Bandra Kurla Complex, Bandra (East) ) Mumbai – 400 051 )

2 The Executive Director (HRM), )

Bank of Baroda, ) Having Head Office at BCC, ) Bandra- Kurla Complex, Bandra (East), ) Mumbai – 400 051 )

3 The General Manager, (HRM) )

HRM Department, ) Bank of Baroda, ) Having office at Baroda Bhavan ) 26, Alakapuri Road, Vadodara, )

Gujarat – 390 007 ) … Respondents WITH INTERIM APPLICATION NO. 1659 OF 2025 IN WRIT PETITION NO. 714 OF 2021 Lalit C. Joshi ) Age: 64 years, Occupation : Retired, ) Residing at : 7/10, Arya Nagar, )

P.O. Tulsiwadi, Tardeo, Mumbai – 400 034 ) … Applicant Versus

1 The Chairman & Managing Director )

Bank of Baroda, ) Having Head Office at BCC, ) Bandra Kurla Complex, Bandra (East) ) Mumbai – 400 051 )

2 The Executive Director (HRM), )

Bank of Baroda, ) Having Head Office at BCC, ) Bandra-Kurla Complex, Bandra (East), ) Mumbai – 400 051 )

3 The General Manager, (HRM) )

HRM Department, ) Bank of Baroda, ) Having office at Baroda Bhavan ) 26, Alakapuri Road, Vadodara, )

Gujarat – 390 007 ) … Respondents ----

Mr.Sanjeev Deshpande, Senior Advocate a/w Mr. Shreyash Deshpande (through video conferencing), Mr. Navin Arora for the Petitioner.

Mr.Vishal Talsania for the Respondents.

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CORAM : RAVINDRA V. GHUGE &

GAUTAM A. ANKHAD, JJ.

RESERVED ON : 4^th SEPTEMBER, 2025 PRONOUNCED ON : 30^th SEPTEMBER, 2025 JUDGMENT :- (PER : RAVINDRA V. GHUGE, J.)

1. This Petition was admitted by an order dated 3^rd September, 2020 and the hearing was expedited. We have heard the learned Senior Advocate for the Petitioner and the learned Advocate for the Respondents, at length. We have perused the record available before us, in the light of their submissions.

FACTUAL MATRIX

2. The Petitioner joined the Dena Bank on 6^th July, 1983. He carries the qualification of B.A., L.L.B., CAIIB, DIRPM and DICM. From the position of a Clerk, he came to be promoted as an Officer in the Junior Management Grade, Scale-I from 30^th August, 1993. A further promotion came his way on 22^nd June, 2000 as Manager, Scale-II. On 30^th June, 2012, he was promoted to the Middle Management Grade, Scale-III.

3. The Petitioner submits that above his Scale-III, lay Scale-IV available for the Chief Manager, Scale-V for the Assistant General Manager, Scale-VI for the Deputy General Manager and Scale-VII for the General Manager. Scale-IV and Scale-V mean the ‘Senior Manager’ and Scale-VI and Scale-VII mean the ‘Top Executive’. The mode and manner of selections and promotions to these posts were laid down in the Dena Bank (Officers) Service Regulations, 1979 (hereafter referred to as the ‘1979 Regulations’).

4. By a circular dated 3^rd May, 2014, the Dena Bank invited applications for promotion from the Scale-III to the Scale-IV category. The promotional exercise comprised of an Online Test, Computer Test, Group Discussion, Interview and the Annual Performance Appraisal Report (‘APAR’) for preceding three years i.e. 2012, 2013 and 2014.

5. The Petitioner had participated in the above stated promotional exercise and appeared for the Online Test on 1^st June, 2014 and the Computer Test on 7^th June, 2014. The Management declared the result by a circular dated 13^th June, 2014. The Petitioner’s name appeared at Serial No.88. He was invited for the interview vide letter dated 13^th June, 2014 and the interviews were held on 19^th June, 2014. It is common understanding that the person, who has successfully passed and passed the Written Test and the Computer Test, was invited for the interviews. The final merit list was published by the Bank vide circular dated 30^th