The Bank has filed the present appeal against the aforesaid order of the Division Bench and has in particular challenged the direction given to the Bank to promote the respondent No.1 to the Officers Grade Scale II.
It was decided by the Bank that such promotion would be on the basis of merit cum seniority, and that out of a maximum of 150 marks 40 marks were set apart for the number of years in service.
They, accordingly, filed Civil Writ Petition No.1601 of 1998 for quashing the abovementioned Circular dated 15.9.1997 issued by the Bank on the basis whereof the successful candidates have been promoted and also prayed that since both of them belong to the Scheduled Caste companymunity they should have been appointed against the reserved posts and that the reservation policy followed by the Bank was companytrary to the reservation policy followed by the Government of Assam.
However, in order to provide some benefit to Scheduled Castes and Scheduled Tribes candidates a companycession was included in the Circular dated 10.6.1997 which was in keeping with certain companyditions which had been provided by the Circular dated 9.11.1994 issued by NABARD and also certain other Government Circulars.
The respondent No.1 and one Shri Nagendra Chander Dass, both of whom figured in the list of 68 eligible candidates and were within the zone of companysideration, were called for the interview but were number found fit for promotion.
This lapse on the part of the single Judge was used to his advantage by the respondent in preferring an appeal before the Division Bench of the Gauhati High Court.
The remaining 110 marks were allocated towards performance at the work place and in the interview, indicating that the selection procedure was to be on the basis of merit cum seniority.
17, 18 and 19, were promoted to the Officers Scale II.
The total number of candidates would be restricted to 4 four times the number of vacancies.
As per the eligibility criteria, all officers, who had put in minimum service of 8 years in the Officers cadre as on 31.12.1996, were eligible to appear for an interview for internal promotion.
ALTAMAS KABIR, J. Leave granted.
518 of 2002, and directing the appellant Bank to issue necessary orders for giving effect of promotion to the respondent No.1, Brijlal Dass, to the Officer Scale II Grade from the date his juniors in the Grade of Officers Scale I i.e. respondent Nos.
In 1997 the appellant Bank categorised 17 additional Scale I branches as additional Scale II branches.
