CHAIRMAN, RUSHIKULYA GRAMYA BANK versus BISAWAMBER PATRO & OTHERS

Citation: [2013] 4 S.C.R. 239 · Decided: 02-04-2013 · Supreme Court of India · Bench: AFTAB ALAM · Disposal: Appeal(s) allowed
Cited by 1 judgment(s) · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

[2013) 4 S.C.R. 239 
CHAIRMAN, RUSHIKULYA GRAMYA BANK 
v. 
BISAWAMBER PATRO & OTHERS 
(Civil Appeal No. 2760 of 2013) 
APRIL 2, 2013 
[AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] 
A 
B 
Service Law - Promotion - On the basis of seniority-cum-
merit - Employer laying down a bench mark, besides the 
criteria fixed by promotion rules - Propriety of - Held: The 
C 
employer has discretion to fix minimum merit having in mind 
requirements of the post. 
The question for consideration in the instant appeals 
was whether it was open to the management of the 0 
appellant-Bank to lay down a benchmark, besides the 
criteria fixed by the rules for grant of promotion on 
seniority-cum-merit basis. 
Allowing the appeals, the Court 
HELD: The minimum necessary merit for promotion, 
is a matter that is decided by the management, having in 
mind the requirements of the post to which promotions 
E 
are to be made. The employer has the discretion to fix 
different minimum merit, for different categories of posts, 
F 
subject to the relevant rules. [Para 14] [246-G-H] 
' 
Rajendra Kumar Srivastava and Ors. v. Samyut 
Kshetriya Gramin Bank and Others (2010) 1 SCC 335: 2009 
(15) SCR 936 - relied on. 
State of Kera/a N.M. Thomas (1976) 2 SCC 310: 1976 
(1) SCR 906;Bhagwandas Tiwari v. Dewas Shajapur 
Kshetriya Gramin Bank (2006) 12 SCC 57 4: 2006 (8) Suppl. 
239 
G 
H 
240 
SUPREME COURT REPORTS 
[2013] 4 S.C.R. 
A SCR 760; B. V. Sivaiah v. K. Addanki Babu (1998) 6 SCC 
720: 1998 (3) SCR 782 - referred to. 
Case Law Reference: 
1976 (1) SCR 906 
referred to 
Para 10 
8 
2006 (8) Suppl. SCR 760 referred to 
Para 10 
1998 (3) SCR 782 
referred to 
Para 10 
2009 (15) SCR 936 
relied on 
Para 11 
C 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
D 
2760 of 2013. 
From the Judgment & Order daed 12.02.2008 of the High 
Court of Orissa at Cuttack in Writ Petition No. 13076 of 2004. 
WITH 
C.A. Nos. 2761, 2762, 2763, 2764, 2765, 2766, 2767 of 2013. 
Dr. Lakshme Narsimha, S. Udaya Kumar Sagar, Bina 
E Madhavan, Karan Kanwal (for Lawyer's Knit & Co.) for the 
F 
Appellant. 
C.K. Sasi, Abhisth Kumar, P.P. Singh for the Respondents. 
The Judgment of the Court was delivered by 
AFTAB ALAM, J. 1. Leave granted in all the special leave 
petitions. 
2. All the appeals are at the instance of a Regional Rural 
G Bank, namely, Rushikulya Gramya Bank, and the matter relates 
to promotion from one scale to another. Out of the eight 
appeals, six relate to promotion from Junior Management 
Scale-I to Middle Management Scale-II and in the remaining two 
appeals (arising from SLP (Civil) No.17974 of 2008 and 
SLP(civil) No.18898 of 2008), the matter relates to promotion 
H 
CHAIRMAN, RUSHIKULYA GRAMYA BANK v. 
241 
BISAWAMBER PATRO [AFTAB ALAM, J.] 
from Clerk to Junior Management Scale-I. 
3. The short question that arises in these appeals is 
whether it is open to the management of the Bank to lay down 
a benchmark, besides the criteria fixed by the rules for grant 
A 
of promotion on seniority-cum-merit basis. 
8 
4. The appellant - bank issued a circular No.024/2004-05, 
dated June 23, 2004 notifying the vacancies inter alia in the 
seventeen posts of Middle Management Scale-II and eight 
posts of Junior Management Scale-I. The circular stated that 
the process of promotion shall be conducted as per the 
C 
promotion rules of the Government of India. For promotion to 
the post of Middle Management Scale-II, the zone of 
consideration was four times the number of vacancies and for 
promotion to the post of Junior Management Scale - I, all 
eligible candidates were permitted to take the exam. 
-0 
5. The rules governing promotion from Junior 
Management Scale-I to Middle Management Scale-II, in so far 
as relevant for the present, are as under:-
*2 (a) to (c) xxxxxxxx 
E 
(d) Whether promotion to be made on seniority basis or 
merit: 
Promotion shall be made on the basis of seniority-
F 
cum-merit. 
(e) Eligibility: 
(f) Mode of Selection: 
xxxxxxx 
The Selection of the 
candidates shall be made 
G 
by the committee on the 
basis of written test, 
interview and assessment 
of Performance Appraisal 
Reports for the preceding 
H 
A 
8 
c 
D 
E 
F 
242 
SUPREME COURT REPORTS 
[2013) 4 S.C.R. 
. 
five years as an officer in 
Sealed/Field Supervisor. 
(g) Composition of Committee: xxxxxxxxx 
(h) Reckoning of the minimum 
xxxxxxxxx 
eligibility: 
(i) Number of candidates to 
be considered for promotion: xxxxxxxxx 
G) Selection process for 
promotion: 
The selection
Excerpt shown. Read the full judgment & AI analysis in Lexace.