SARVA U.P. GRAMIN BANK & ORS. versus MANOJ KUMAR CHAK

SARVA U.P. GRAMIN BANK & ORS. versus MANOJ KUMAR CHAK

The circulars issued by RRB management, which exclude employees from the zone of consideration for promotion on grounds of punishment in preceding years or adverse performance rating, are ultra vires and contrary to the statutory RRB Rules, 1998, which alone govern eligibility. The determination of minimum merit for promotion is the function of the Departmental Promotion Committee and cannot be replaced by management-issued criteria. Debarring employees from promotion consideration on these grounds is not permitted unless specifically provided in statutory rules.

Parties
Appellant: Sarva U.P. Gramin Bank & Ors.; Respondent: Manoj Kumar Chak
Jurisdiction
India
Judgment Date
09 April 2013
Procedural Posture
Civil Appeal / Final Disposition After Appeal From High Court Judgment
Outcome
Appeals dismissed
Legal Topics
Promotion, Appointment, Statutory Interpretation, Regional Rural Banks
Service Law Promotion Appointment Statutory Interpretation Regional Rural Banks

Case Brief

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Parties

Sarva U.P. Gramin Bank & Ors.

Appellant

Manoj Kumar Chak

Respondent

Procedural Posture

Civil Appeal / Final Disposition After Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the circulars of 2009 and 2010 issued by RRB management, excluding employees with Grade 'D' performance appraisal or punishments from consideration for promotion, are consistent with the Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1998.

Ratio Decidendi

The circulars issued by RRB management, which exclude employees from the zone of consideration for promotion on grounds of punishment in preceding years or adverse performance rating, are ultra vires and contrary to the statutory RRB Rules, 1998, which alone govern eligibility. The determination of minimum merit for promotion is the function of the Departmental Promotion Committee and cannot be replaced by management-issued criteria. Debarring employees from promotion consideration on these grounds is not permitted unless specifically provided in statutory rules.

Court Disposition

Appeals dismissed

Orders

  • The circulars No. 17 of 2009 dated 30.11.2009 and circular dated 12.7.2010 are quashed in so far as they exclude employees from consideration for promotion. Respondents to be considered for promotion in accordance with applicable rules.