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Supreme Court of India · body

1990 DIGILAW 63 (SC)

Suhash Sahandilya v. Punjab National Bank

1990-02-02

K.N.SINGH, KULDIP SINGH, T.K.THOMMEN

body1990
ORDER : K.N. Singh, J. - By means of this petition under Article 32 of the Constitution, the petitioners have challenged the validity of Circular No. 1164 dated 3 - 8 - 1989 and Circular No. 1167 dated 7 - 8 - 1989 issued by the respondents inviting applications from officers in JMG Scale I for promotion to MMG Scale II for filling vacancies in Channel II on the basis of written test and interview as specified therein. 2. The petitioners are employed in the Punjab National Bank as Technical Officers in various technical fields. The impugned circulars require them to appear at the written test and interview for the purposes of promotion to MiVIG Scale II The main grievance of the petitioners is that the written test consists of subjects relating to practice and law of Banking credit procedure and appraisal of loan proposals and documentation, of which they have no experience and as such they are being put to great disadvantage in comparison to other employees of the Bank who are well versed Banking procedure. After hearing learned counsel tor the parties at length we find that the respondent Bank had framed a promotional policy scheme under which persons working in the technical side should also get promotion in their respective order to higher posts in MMG Scale II and for that purpose the impugned circular letters have been issued. 3. Under the promotion policy officers of JMG are entitled to promo - MMG Scale II by two methods : - (i) By formal procedure of promotion on the basis of seniority - cum - suitability. (ii) By undergoing a selection through written test and interview as contained in the impugned circular letters. 4. The scheme does not compulsorily require all the officers who are on technical side to appear at the examination but in case they want to avail the facility of speedy promotion they are free to avail the same. As : the selection is optional in nature it does not violate any legal right of the petitioners. Wo have perused the papers prescribed for the written test and also the sample questions as filed along with the counter affidavit, and on a perusal of the same we find that the questions which are required to be answered under the proposed circular letters are more of commonsense, relating to elementary knowledge of functioning of the Bank. Wo have perused the papers prescribed for the written test and also the sample questions as filed along with the counter affidavit, and on a perusal of the same we find that the questions which are required to be answered under the proposed circular letters are more of commonsense, relating to elementary knowledge of functioning of the Bank. Since the technical officers are working with the Bank they should be equipped with lie minimum bad knowledge of procedure of banking operations. We find (no illegality in the impugned circular letters. In this view, no question of Isolation of Articles 14 or 16 of the Constitution arises in the matter. The petition is accordingly dismissed but there will be no order as to costs. Petition dismissed.