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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2760 OF 2013

(ARISING OUT OF SLP (CIVIL) NO.16961 OF 2008)

Chairman, Rushikulya Gramya Bank

… Appellant

Versus

Bisawamber Patro & Others

…Respondents

WITH

CIVIL APPEAL NO.2761 OF 2013

(ARISING OUT OF SLP (CIVIL) NO.17546 OF 2008)

WITH

CIVIL APPEAL NO.2762 OF 2013

(ARISING OUT OF SLP (CIVIL) NO.17974 OF 2008)

WITH

CIVIL APPEAL NO.2763 OF 2013

(ARISING OUT OF SLP (CIVIL) NO.17977 OF 2008)

WITH

CIVIL APPEAL NO.2764 OF 2013

(ARISING OUT OF SLP (CIVIL) NO.18417 OF 2008)

WITH

CIVIL APPEAL NO.2765 OF 2013

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JUDGMENT

(ARISING OUT OF SLP (CIVIL) NO.18898 OF 2008)

WITH

CIVIL APPEAL NO.2766 OF 2013

(ARISING OUT OF SLP (CIVIL) NO.19292 OF 2008)

AND

CIVIL APPEAL NO.2767 OF 2013

(ARISING OUT OF SLP (CIVIL) NO.19301 OF 2008)

J U D G M E N T

Aftab Alam,J.

1.

Leave granted in all the special leave petitions.

2.

All the appeals are at the instance of a Regional Rural Bank, namely,

Rushikulya Gramya Bank, and the matter relates to promotion from one scale to

another. Out of the eight appeals, six relate to promotion from Junior

Management Scale-I to Middle Management Scale-II and in the remaining two

appeals (arising from SLP (Civil) No.17974 of 2008 and SLP(civil) No.18898

of 2008), the matter relates to promotion from Clerk to Junior Management

Scale-I.

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JUDGMENT

3.

The short question that arises in these appeals is whether it is open to

the management of the Bank to lay down a benchmark, besides the criteria fixed

by the rules for grant of promotion on seniority-cum-merit basis.

4.

The appellant - bank issued a circular No.024/2004-05, dated June 23,

2004 notifying the vacancies inter alia in the seventeen posts of Middle

Management Scale-II and eight posts of Junior Management Scale-I. The

circular stated that the process of promotion shall be conducted as per the

promotion rules of the Government of India. For promotion to the post of

Middle Management Scale-II, the zone of consideration was four times the

number of vacancies and for promotion to the post of Junior Management Scale

– I, all eligible candidates were permitted to take the exam.

5.

The rules governing promotion from Junior Management Scale-I to

Middle Management Scale-II, in so far as relevant for the present, are as under:-

*2

(a) to (c) xxxxxxxx

(d)

Whether promotion to be made on seniority basis or merit:

Promotion shall be made on the basis of seniority-cum-merit.

(e)

Eligibility:

xxxxxxx

(f)

Mode of Selection: The Selection of the

candidates shall be made by the

committee on the basis of written

test, interview and assessment of

Performance Appraisal Reports for

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JUDGMENT

the preceding five years as an

officer in Sealed/Field Supervisor.

(g)

Composition of

Committee:

xxxxxxxxx

(h)

Reckoning of the

minimum eligibility:

xxxxxxxxx

(i)

Number of candidates

to be considered for

promotion:

xxxxxxxxx

(j)

Selection process for

promotion:

The selection shall be on the

basis of performance in the written

test, interview and performance

Appraisal Report for preceding

five years as per the division of

marks given below.

(A)

Written Test:

60 marks

(B)

Interview:

20 marks

(C)

Performance Appraisal

Reports:

20 marks

TOTAL marks:

100 marks

(A)

Written test (60 marks)

The candidates shall be required to appear for written test

comprising of two parts viz. Part (A) covering Banking Law

and practice of Banking and Part (B) covering Credit Policy,

Credit Management including Priority Sector, Economics and

Management.

:60 marks allotted written test shall be further divided as under:

Part “A”

30 marks

Part “B”

30 marks

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JUDGMENT

A list of only those candidates who

secure minimum 40% marks in each

part shall be