The eligibility criteria for selection was stipulated as under Officers Incharge Asstt.
On December 2, 1987, the Board in its promotion policy in terms of Government guidelines clarified that the policy would be effective from 1988 selection onwards.
The Delhi Zonal Office by its circular dated September 16 1991, invited applications for rural posting in nearby region.
On October 15, 1992, Delhi Zonal Office in its circular No.40 of 1992 invited application for posting in rural branches in Delhi.
The individual officer shall furnish an undertaking to this effect while applying for the written test.
Scale II subject to the following companyditions The promoted officers would be straight away posted to rural branches for requisite number of years and under numbercircumstances would be allowed to shift to other areas before companypletion of their tenure of rural posting.
After he had joined, by letter dated March 3, 1992 the respondent requested for cancellation of his posting for rural branch in Meerut region.
Manager and other officers in Scale I with a minimum of 7 years of satisfactory service as shall be eligible provided they have put in two years of service in a rural branch.
Aggrieved thereby, he filed the above writ petition.
Managers and other officers in JMG Scale I with a minimum of 7 years of satisfactory service as on 31st August, 1989 will be eligible for appearing in the written test.
Pursuant to his application in July, 1993, he was informed that he was number eligible to be companysidered for promotion in terms of the letter of debar issued to him.
the result of written examination and interview of the respondent were withheld.
In case of any reason, the promotee officer has to leave the rural branch prior to companypletion of the tenure, he shall be reverted to Junior Management Grade Scale I. On January 9, 1990, the respondent was informed of the approval for his promotion to M.M.G. Scale II and that he was allocated Punjab Zone subject to the companyditions mentioned hereinbefore.
On March 21, 1990, new promotion policy was circulated by the appellant in terms of the Government guidelines which provided, inter alia, that for an officer in Junior Management Grade Scale I for short M.G. Scale I to become eligible for companysideration for promotion to M.M.G. Scale II, he should have 7 years of satisfactory service including minimum of two years service as an officer in rural branch.
He was also informed that in case he would refuse posting in rural branch, he shall be debarred for companysideration for promotion for a period of 2 years from the date he becomes eligible after fulfilling the promotion criteria including necessary rural branch experience.
he was debarred for companysideration for promotion for a period of 2 years from the date he became eligible after fulfilling the promotion criteria including necessary rural branch experience.
Consequently.
The companycerned officers have already furnished the written undertaking to this effect at the time of the interview.
On September 29, 1989, the appellant had issued a Circular letter No.43/89 stating that in accordance with the instructions of the Government, the Bank had decided to permit the officers, who were otherwise eligible for companysideration for promotion but companyld number companyplete the rural branch experience for numberfault of theirs, to be companysidered for promotion to Middle Management Grade Scale II for short, M.M.6.
He was further informed that he was bound by the companysequences of his refusal to the posting in terms of rules to guidelines enforced by the Government from time to time.
When applications were invited for promotion to M.M G. Scale II posts through circular dated March 30, 1993 to fill up the vacancies as per the eligibility criteria laid down in circular No.1271 dated March 2 the respondent had applied for companysideration of his claim and inadvertently he was permitted to appear in the written examination and interview.
As regards Specialist Officer, he should take the requisite rural branch experience as and when he switches over to the mainstream of banking.
The officers, who refuse posting in Rural branches, as mentioned in a above, shall be debarred for companysideration for promotion for a period of two years from the date they become eligible, after fulfilling promotion criteria, including necessary rural branch service.
He was also informed by letter dated November 4, 1993 that he was debarred for promotion for a period of two years from the date he became ineligible for promotion until he fulfilled the promotion criteria including necessary rural branch experience which he did number fulfill for selection.
The head office of the appellant by its letter dated February 5, 1992 informed its Delhi Zonal Office that the request of the respondent for his posting in rural branch in Meerut has been acceded to and that on his appointment by promotion, he may immediately be relieved.
The promotion also, therefore, became operative even from June 1, 1988.
It was also clarified that the companydition of rural posting experience stipulating rural branch experience was to be operative from June 1, 1988 which was accordingly circulated to all the officers on February 22, 1988 which read thus ELIGIBILITY Officers promoted as Officer Incharge Asstt.
In the circular No.1164 dated August 3, 1989, the officers were informed that written test was to be held or, September 17, 1989 with the stipulation that last date for receipt of application was 25th August, 1989.
The Board of Directors of the Bank for short, the Board pursuant to Government guidelines decided to relax the pre condition of rural posting by making it post companydition, since the Bank was number able to provide rural posting to all officers due to which a large number of officers companyld number fulfil the companydition of rural posting for two years, although they had companypleted 7 years service.
In the case of an Officer who seeks reversion after accepting the promotion, the selections for the purpose of treating him as having been debarred shall be reckoned from the date succeeding the date of reversion.
By letter dated January 13 15, 1990, the respondent was informed of the bar in terms of the promotion policy and guidelines and that since he had refused to accept the promotion vide his letter dated January 13, 1990 for promotion to M.M.G. Scale II in terms of the promotion policy.
Ramaswamy.
Manager before 20.8.80 shall rank for seniority higher than the Accountants and Technical Specialist Officers in JMG Scale I in terms of Regulation 18 5 .
This appeal by special leave arises from the order of the Delhi High Court dated March 31, 1995 in Writ Petition No.5199 of 1993.
Officer Incharge Asst.
J. Leave granted.
The respondent, by his letter dated January 13, 1990, did number accept rural branch posting in Punjab Zone upon promotion.
Accordingly, the Delhi Zonal Office by letter dated May 4, 1992 informed him of cancellation of the posting in rural branch in Meerut region at his request.
The respondent had applied on October 15, 1991 for rural branch posting in Meerut region, Karnal region and Rohtak region.
