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Allahabad High Court · body

1989 DIGILAW 916 (ALL)

Sunil Kumar Sharma v. Chairman, Muzaffarnagar Kshetriya Gramin Bank

1989-12-07

RAVI S.DHAVON, S.D.AGARWALA

body1989
JUDGMENT S. D. Agarwala, J. - Before admission counter and rejoinder affidavits have been filed. We have heard learned counsel for the petitioner and Mr. K.L. Grover, learned counsel for the Bank. By means of the present petition the petitioners have sought a writ of mandamus commanding the respondents to fill up fifty per cent posts of officers from amongst confirmed Field Supervisors by way of promotion. In paragraph 13 of the petition the petitioners' dates of recruitment have been enumerated. In paragraph 14 of the petition, the dates on which the petitioners have been confirmed have been stated. From Paragraph 15 of the petition it is clear that the petitioners were BH/CH/Ah6/1-X)1/ SSK confirmed only in the year I987 or I9M. This fact has not been disputed. 2. The manner of recruitment of the officers is provided in the Regional Rural Banks (Appointment and Pronto lion of Officers and other Employees) Rules, I'M. Rules 6(a) and (b) which deal with the officers, are quoted below : "6. Officers : (a) Source of recruitment : (i) Fifty percent by direct recruitment from open market. (ii) Fifty per cent by promotion from amongst confirmed Filed Supervisors on the principle of seniority-cum-merit. (b) Qualification and eligibility: (i) For direct recruitment (a) Graduate of a recognised University or any equivalent qualifications recognised as such by Government of India, preference will be given to Agriculture or Commerce or Economics Graduates; and (b) Proficiency in local language as maybe laid down by the Board. (ii) For promotions Confirmed Field Supervisor with a minimum of five years service as Field Supervisor. The above condition of minimum service is relaxable as stated below: (1) Regional rural banks which have not completed three years of existence after their year of establishment will fill up all vacancies in the officer cadre only by direct recruitment. (ii) For promotions Confirmed Field Supervisor with a minimum of five years service as Field Supervisor. The above condition of minimum service is relaxable as stated below: (1) Regional rural banks which have not completed three years of existence after their year of establishment will fill up all vacancies in the officer cadre only by direct recruitment. (ii) Regional rural banks which have completed three years of existence after the year of their establishment but have not completed five years, may, but only with prior approval of National Bank, consider for promotion confirmed Field Supervisors having a minimum of three years experience in that capacity- However, if, even after this relaxation suitable candidates are not available, then vacancies to be filled up by promotion shall be filled by direct recruitment and the vacancies as filled will be notionally carried forward to the subsequent years till the back log, if any, is cleared. Thereafter, the stipulated quota of fifty per cent from open market and fifty per cent by promotion will be adhered to." 3. Rule 6(b)iii) provides that the promotions can be made only of confirmed Field Supervisors with a minimum five years service as Field Supervisor. There is another sub-cl. (ii), of this sub-clause which.provides for relaxation. It provides that the Regional Rural Banks which have completed three years of existence after the year of their establishment,'but have not completed five years, may, but only with the prior approval of the National Bank, consider for promotion confirmed Field Supervisors having a minimum three years experience in that capacity. 4. Admittedly, the petitioners were confirmed in the year 1987 or 19,Sh. In the circumstance they have not completed three years service as confirmed Field Supervisors. 5. Learned counsel for the petitioners has, however, placed reliance on the words 'in that capacity' used in the above Rule. His submission is that the words in that capacity' should be understood to mean as 'Field Supervisors' and not as 'confirmed Field Supervisors'. We do not agree. The expression 'in that capacity' cannot be read bereft of context. The words have to he read as it whole. They read as follows : .........consider for promotion confirmed Field Supervisors having a minimum of three years experience in that capacity." 6. In that capacity with reference to the context would consequently mean in the capacity as confirmed Field Supervisors. The expression 'in that capacity' cannot be read bereft of context. The words have to he read as it whole. They read as follows : .........consider for promotion confirmed Field Supervisors having a minimum of three years experience in that capacity." 6. In that capacity with reference to the context would consequently mean in the capacity as confirmed Field Supervisors. We are, however, clearly of the opinion that the exception is applicable to those confirmed Field Supervisors with a minimum period of three years experience. 7. Admittedly, as observed above, the petitioners were confirmed in the year 1987 or 1988 and consequently they can be considered for promotion only after they have completed three years, viz.. in 1990 or 1991 and that too after the approval is given by a National Bank. 8. In view of the above, we do not find any merit in the petition and it is accordingly dismissed. The interim orders are hereby discharged. 9. A certified copy of this order may be issued to the learned counsel for the parties on payment of usual charges within ten days.