JUDGMENT : 1. Both the writ petitions have been filed by the Petitioners challenging the promotion of opposite parties 3 to 6 with a prayer for a direction to Opposite parties 1 & 2 to promote them as Area/Sr. Manager with effect from the date from which Opposite parties 3 to 6 being juniors promoted with consequential service benefits. 2. The brief facts of the case are that the State Bank of India (SBI) is the sponsor Bank of Panchabati Gramaya Bank and Kalahandi Anchalika Gramaya Bank (hereinafter referred to as 'KAGB'). The Petitioners were working as Field Officers in that Bank. At that time, opposite parties 1 & 2 made advertisement for recruitment of Officers for KAGB. The Petitioners also applied and consequently qualified. A merit list was published in which the Petitioner in OJC No. 403/1996, Gobinda Chandra Baral, secured 3rd position and Petitioner in OJC No. 413/1996, Gouranga Sahani, secured 1st position whereas opposite parties 3, 4, 5 & 6 secured 5th, 6th, 8th and 12th rank respectively. The selected persons were asked to submit their joining within a specified date. But both the Petitioners requested for further time to join and therefore, they joined after the joining of opposite parties 3 to 6 which was allowed. However, they joined within the time allowed by the opposite parties 1 and 2. But in the year 1990, when seven posts of Area/Sr. Manager by way of promotion on the basis of selection were to be promoted, the Petitioners were treated juniors to opposite parties 3 to 6 and as such, opposite parties 3 to 6 were promoted but the Petitioners were not promoted. Though the Petitioners had secured more than qualifying marks but they could not know about the promotion of the opposite parties 3 to 6 as it was not informed to them. Anyhow they filed the instant writ petitions with above mentioned prayer. 3. Before proceeding further, it is necessary to peruse provisions of Regulation 13 of the Kalahandi Anchalika Gramya Bank (Staff) Service. Regulations, 1980 framed u/s 30 of the Regional Rural Banks Act, 1976, which are quoted here under. 13(1)(a) Seniority of an officer or employee of the Bank in a grade or scale shall be reckoned with reference to the date of his appointment in that grade or scale. Regulations, 1980 framed u/s 30 of the Regional Rural Banks Act, 1976, which are quoted here under. 13(1)(a) Seniority of an officer or employee of the Bank in a grade or scale shall be reckoned with reference to the date of his appointment in that grade or scale. (b) Where there are two or more officers of the same length of service in that grade or scale, their inter se seniority shall be reckoned with reference to their seniority in the immediately preceding grade or scale or the previous cadre to which they belong in the Bank's service. (c) Where there are two or more officers of the same length of service of such grade or scale or such previous cadre their sonority shall be determined with reference to their seniority in the immediately preceding grade or scale or cadre, as the case may be. (2) The inter se seniority of officers or employees directly recruited in a batch to any grade or scale shall be reckoned with reference to the rank allotted to them at the time of such recruitment. (3) In the case of an officer or employee whose probation has been extended, his seniority shall be reckoned just below all the officers or employees, if any, recruited or promoted in the same batch along with him. The Petitioners have placed reliance on Clause (1)(a) and (3) of Regulation 13 which provides that seniority of an officer or employee of the Bank in a grade or scale shall be reckoned with reference to the date of his appointment in that grade or scale and in case of an officer or employee whose probation has been extended, his seniority shall be reckoned just below all the officers or employees, if any, recruited or promoted in the same batch along with him. 4. In our opinion, if any specific provision regarding direct recruitment is made under Clause (2), the Regulation otherwise contrary to that cannot be taken into consideration. However, if Clause (1)(a) of Regulation 13 is taken into consideration along with Clause (2), the meaning of the same would be that the seniority of an officer or employee of the Bank in a grade or scale shall be reckoned on the date of his appointment in that grade meaning thereby in case of direct recruitment the date of appointment is relevant, not the date of joining. If the joining was made within the permitted time limit the same would not be a factor for determination of seniority. The Petitioners' name was above the names of opposite parties 3 to 6 in the select list. However, in case their probation period of two years was further extended, in that case only Clause (3) of Regulation 13 would be appealable. In the counter affidavit the opposite parties have not specifically stated that the periods of probation of the Petitioners were extended at any point of time after expiry of two years. Opposite parties 1 and 2 have also not disclosed the fact whether the periods of probation of opposite parties 3 to 6 were extended or not. 5. Therefore, considering the facts and circumstances of the case, we are of the opinion that the Petitioners are entitled to get the relief for consideration of their promotion with effect from the date of promotion of opposite parties 3 to 6 only in case their periods of promotion were not extended or if extended, the periods of probation of opposite parties 3 to 6 were also extended meaning thereby that while considering promotion provisions of Clause (3) of Regulation 13 would be taken into consideration. However, with regard to the quashing of promotion of opposite parties 3 to 6, as prayed, we do not think it proper to do so as in doing so the Petitioners would not get any benefit and secondly the Petitioners have approached this Court after about five years from the date of promotion of opposite parties 3 to 6 as Area/Sr. Manager and after about two years from the date of disposal of the writ petition filed by the unsuccessful officers disposed of in 1993 by which they had got knowledge that they had secured more marks than opposite parties 3 to 6 in the selection for promotion to the posts of Area/Sr. Manager. 6. Therefore, both writ petitions are allowed in part. A writ in the nature of mandamus is issued commanding the opposite parties 1 and 2 to consider the promotion of these Petitioners with effect from the date of promotion of opposite parties 3 to 6 in the post of Area/Sr. Manager. 6. Therefore, both writ petitions are allowed in part. A writ in the nature of mandamus is issued commanding the opposite parties 1 and 2 to consider the promotion of these Petitioners with effect from the date of promotion of opposite parties 3 to 6 in the post of Area/Sr. Manager provided their periods of probation after two years was not extended or if extended, the periods of probation of opposite parties 3 to 6 similarly was not extended meaning thereby that they (Ops 1 & 2) shall take into consideration the Clause (3) of Regulation 13 of the KAGB (Staff) Service Regulations, 1980. Needless to mention that in case they (Petitioners) are promoted with retrospective effect, i.e., from the date of promotion of opposite parties 3 to 6, they (Petitioners) shall be entitled to get all the consequential benefits of that post including seniority etc. in accordance with the Regulations applicable in that regard in the Bank concerned. P.K. Tripathy, J. 7. I agree.