Chandramani Prasad v. The Mahaprabandhak Bihar Keshetriya Gramin Bank And ORS

Patna High Court CWJC No.10990 of 2014 dt.29-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10990 of 2014 =========================================================== Chandramani Prasad son of Late Mahadeo Lal resident of Mohalla - Lalbag, P.S. and District - Sheikhpura .... .... Petitioner

Versus

1. The Mahaprabandhak Bihar Keshetriya Gramin Bank, Head Office Begusarai, District - Begusarai.

2. The Zonal Manager, Bihar Kshetriya Gramin Bank Head Office Begusarai, District - Begusarai.

3. The Regional Manager Bihar Kshetriya Gramin Bank Sheikhpura, District - Sheikhpura.

4. The Branch Manager, Bihar Kshetriya Gramin Bank Husainabad, P.S. and Prakhand - Ariari, District - Sheikhpura.

5. The U.C.O. Bank sponsored , Govt. of India under taking through Manager Sheikhpura. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Satish Kumar, Advocate For the Bank : Mr. Ranjeet Kr.Pandey, Advocate snf Mr. Satish Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 29-11-2017 Heard counsel for the petitioner and the bank. The petitioner has approached this Court for the relief of promotion from the post of Office Attendant to the Office Assistant. He appeared in the selection process and participated in the written examination as well as in the interview in 2002. The claim is that those who were junior to him as per the revised seniority list of Office Attendant were promoted ignoring his claim. Counsel for the bank has filed counter affidavit wherein he has placed on record the marks obtained by the petitioner in the written test as well as in the interview. He states that in the written test he secured 13 marks out of 70 marks and 13.75 marks out of 30

Patna High Court CWJC No.10990 of 2014 dt.29-11-2017 marks in interview. Thus 26.75% in aggregate against the cut off marks of 40%, which is the minimum qualifying marks under the Regional Rural Banks' (Appointment and Promotion of Officers and Employees) Rules, 2010. He further submits that the number of selected candidates to be empanelled for promotion shall be equal to the number of notified vacancies in the order of seniority from among the candidates who secure the minimum of marks. From perusal of the records, it appears that the petitioner's case has been considered by the respondents and since he has not secured the minimum qualifying marks, therefore he has not been found entitled for promotion. Further, neither any rejoinder has been filed by the petitioner nor the aforesaid facts presented by the State, has been disputed by the counsel for the petitioner.

In the facts of the case, the petitioner is not entitled to any relief.

The writ petition is thus dismissed.

(Madhuresh Prasad, J) Shashi.

AFR/NAFR CAV DATE NA Uploading Date4.12.2017 Transmission Date 4.12.2017