LETTERS PATENT APPEAL No.95 of 2006 1. MADANJEE SON OF SHIR DEO NARAIN RAM, RESIDENT OF VILLAGE MOHALLA KAJI GOLA, ARA, P.S. ARA TOWN, DISTRICT BHOJPUR, AT THE TIME OF FILING OF WRIT PETITIONER POSTED AS CLERK-CUM-CASHIER, BHOJPUR, ROHTAS GRAMIN BANK, BRANCH OFFICE, KURUR, DISTRICT ROHTAS, AT PRESENT POSTED AS CLERK-CUM-CASHIER IN BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE CHANDI, P.O. NARHI CHANDI, P.S. CHANDI, DISTRICT BHOJPUR. 2. KRISHNA KUMAR SON OF LAL BIHARI PRASAD, RESIDENT OF MOHALLA TARI, ARA TOWN P.S. ARA, DISTRICT BHOJPUR, AT THE TIME OF FILING OF WRIT PETITION POSTED AS CLERK-CUM- CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, BHANGAIN, DISTRICT ROHTAS, NOW POSTED AT BRANCH OFFICE DHOBHAN, P.O. DHOBAN, P.S. MUFFASIL, DISTRICT BHOJPUR, ARA, DISTRICT ARA. 3. CHANDRABHUSHAN SING, SON OF LATE CHANDRASHEKHAR SINGH, RESIDENT OF VILLAGE AND P.O. KASIAN, P.S. DUMRAON, DISTRICT BUXAR, AT THE TIME OF FILING OF WRIT PETITION POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, AREA OFFICE, BIKRAMGANJ, P.S. BIKRAMGANJ, DISTRICT ROHTAS, NOW POSTED AT BHOJPUR-ROHTAS GRAMIN BANK, ARA OFFICE, BUXAR, P.O. BUXAR. P.S. BUXAR, DISTRICT BUXAR. 4. BIRESHWAR KUMAR OJHA, SON OF LATE TILAK RAJ OJHA, RESIDENT OF VILLAGE AND P.O. BARKA SINGHANPURA, P.S. SIMRI, DISTRICT BUXAR, AT THE TIME OF FILING OF WRIT PETITION POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFIE – KOATH, P.S. DAWATH, DISTRICT ROHTAS, NOW POSTED AT BRANCH OFFICE PARARIA, P.O. PARARIA, P.S. BAGHAILA, DISTRICT ROHTAS. 5. CHANDRAMA RAM, SON OF LATE LAXMAN RAM, RESIDENT OF VILLAGE AND P.O. SALEMPUR, VIA – BENWARIA, P.S. MUFFASIL, ARA, DISTRICT BHOJPUR AT THE TIME OF FILING WRIT PETITION POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFIE KOWATH, POLICE STATION DAWATH, DISTRICT ROHTAS, NOW BRANCH OFFICE BIBIGANJ, P.O. BAMPALI, P.S. UDWANTNAGAR, DISTRICT BHOJPUR. 6. RAJPATI PRASAD, SON OF LATE RAMADHAR RAM, RESIDENT OF VILLAGE – GOGAURA, P.O. CHURAMANPUR, P.S. BUXAR, AT THE TIME OF FILING WRIT PETITION POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, UNWAS, P.S. ITARHI, DISTRICT BUXAR, NOW POSTED AT BRANCH OFFICE BASUDHAR, P.O. BASUDHAR, P.S. ITHARI, DISTRICT BUXAR. ----- PETITIONER-APPELLANTS Versus 1. MADHYA BIHAR GRAMIN BANK, MINA PLAZA, SOUTH OF MUSEUM, Patna, PIN 800 001. - 2 - 2. REGIONAL DEVELOPMENT MANAGER, CONTROLLING OFFICE, MADHYA BIHAR GRAMIN BANK, HARIKHEN KUMAR JAIN, TRUST BHAWAN, RARIJI KAT HATA, ARRAH, PIN – 802 301 3. THE CHAIRMAN STAFF SELECTION COMMITTEE, HEAD OFFICE, SOUTH RAMNA ROAD, ARA, P.S. NAWADA, THANA – ARA, DISTRICT BHOJPUR. 4. ANIL KUMAR GUPTA, (FATHERS NAME NOT KNOWN), AT PRESENT POSTED AS CLERK-CUM-CASHIER,BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, DALISPUR, BHOJPUR 5. MANOJ KUMAR GUPTA (FATHERS NAME KNOTKNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, NOKHA, ROHTAS. 6. KAILASH BIHARI LAL, (FATHERS NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, NARAINPUR, BHOJPUR. 7. CHANDRA BHUSHAN CHOUBEY (FATHERS NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, CHAURI, BHOJPUR. 8. ARBIND KUMAR SINGH ( FATHERS NAME NOT KNOWN) AT PRESENT POSTED AS CLERK CUM CASHIER, BHOJPUR, ROHTAS GRAMIN BANK, BRANCH OFFICE – DUMRAON, BUXER. 9. SURENDRA KUMAR (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, SALEMPUR, BHOJPUR. 10. ARBIND KUMAR GUPTA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, CHANDI, BHOJPUR. 11. MITHILESH KUMAR SINGH (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, HEAD OFFICE, ARA. 12. VIJAY KUMAR SINHA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE (REGIONAL OFFICE) SASARAM. 13. PRADIP KUMAR SINHA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE – NIYAJILPUR, BUXER. 14. DILIP KUMAR SINHA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, HEAD OFFICE, ARRAH. 15. JITENDRA KUMAR SINHA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, DHANGAIN, DISTRICT ROHTAS. 16. SANJAY NANDAN SAHAI, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR - 3 - ROHTAS GRAMINBANK, BRANCH OFFICE – CHARPOKHRI, DISTRICT – ROHTAS. 17. CHANDRASHEKHARMISHRA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE – TILAUTHU BAJAR, DISTRICT ROHTAS. 18. DHIRENDRA KUMAR SINGH, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, HEAD OFFICE, BHOJPUR ROHTAS GRAMIN BANK, SOUTH RAMNA ROAD, ARRAH. 19. SHASHI BHUSHAN MISHRA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE – KAMAMPUR, DISTRICT BHOJPUR. 20. AJAY NANDAN SAHAI, AT PRESENT POSTED AS CLERK-CUM- CASHIER, HEAD OFFICE, BHOJPUR ROHTAS GRAMIN BANK, SOUTH RAMNA ROAD, ARRAH. 21. PREM KUMAR SINHA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, NIMEJ, BUXER. 22. BALA PRASAD, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, HEAD OFFICE, SOUTH RAMNA ROAD, ARRAH. 23. TARUN KUMAR SINHA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, BALAUR, DISTRICT BHOJPUR. 24. DINANATH PRASAD, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE – HASAN BAZAR, DISTRICT- BHOJPUR. 25. RAMASHANKAR PRASAD (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS LERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE RUPSAGAR, DISTRICT BUXER. 26. PAWAN KUMAR SHARMA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS LERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE – CHAUGAI, DISTRICT BUXER. 27. SUSHIL KUMAR SINHA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK CUM CASHIER, BHOJPUR ROHTAS GRAMIN BANK, HEAD OFFICE – TELARI, DISTRICT ROHTAS. 28. BABAN CHOUDHURY, (FATHERS NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, HEAD OFFICE, SOUTH RAMNA ROAD, ARRAH. 29. KRISHNA KUMAR SRIVASTAVA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE BASUDHAR DISTRICT BUXER. - 4 - 30. AJAY KUMAR KESARI, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, SONBARAS, DISTRICT BUXER. 31. SATYA NARAIN SINHA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK CUM CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, SIMRI, DISTRICT – BUXER. 32. KESHAV PRASAD (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, RUNPUR, DISTRICT KAIMUR. 33. OM BABU (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, KARGAHAR, DISTRICT ROHTAS. 34. ASHOK KUMAR SINHA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE KARGAHAR, DISTRICT – ROHTAS. 35. SRI DEB KUMAR PRASAD (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, PAVNA, DISTRICT – BHOJPUR. 36. SATYA PRAKASH (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE AGIAON BAJAR, DISTRICT BHOJPUR. 37. RAM KISHORE RAM (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE – LALAPUR, DISTRICT – KAIMUR. 38. MANOHAR PRASAD, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, HEAD OFFICE, SOUGHT RAMNA ROAD, ARAH. 39. SEVA PRASAD (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, HEAD OFFIE SOUTH RAMNA ROAD, ARAH. 40. BHOLA RAM (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, HEAD OFFICE, SOUTH RAMNA ROAD, ARAH. 41. DAROGA RAM (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE NUGAON, DISTRICT – KAIMUR. 42. RAM NATH PRASAD (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER,BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, KARATH, BHOJPUR. 43. PARAMHANSH KUMAR (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE CHITAON, DISTRICT ROHTAS. - 5 - 44. BIRENDRA KUMAR MISHRA (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, RANISAGAR, DISTRICT BHOJPUR. 45. ASHOK KUMAR SINGH (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BRANCH OFFICE PAVNA, BHOJPUR. 46. BABAN PRASAD (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BRANCH OFFICE – KOCHAS, DISTRICT ROHTAS. 47. RAMESH CHANDRA SRIVASTAVA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BRANCH OFFICE, SASARAM, DISTRICT ROHTAS. 48. HARENDRA PANDEY, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BRANCH OFFICE, ARRAH, BHOJPUR. 49. PRADIP KUMAR JAISWAL, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BRANCH OFFICE, DANSOI, DISTRICT BUXER. 50. DEOBRAT SINGH (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BRANCH OFFICE, NEAYARIBAJAR, DISTRICT ROHTAS. 51. SACHCHIDANAND TIWARI (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BRANCH OFFICE (REGIONAL OFFICE), BUXER. 52. RAJESHWAR NATH MISHRA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK CUM CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE – BALIGAON, DISTRICT BHOJPUR. 53. ARVIND KUMAR (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, GANJBHARSRA, DISTRICT ROHTAS 54. PUNIT SINGH, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-0CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE ARA, BHOJPUR. 55. ARUN KUMAR SINHA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, BARISAWAN, DISTRICT BHOJPUR. 56. ABDUL RAHIM, (FATHER’S NAME NOT KNOWN ) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, FATEHPUR, DISTRICT BHOJPUR. 57. VINAY KUMAR SRIVASTAVA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BRANCH OFFICE, RANISAGAR, DISTRICT BHOJPUR. 58. RADHEY SHYAM TIWARI, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, DEOHALIA, DISTRICT KAIMUR. - 6 - 59. ARUN KUMAR SINGH, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, BIBIGANJ, BHOJPUR. 60. KRISHNA KUMAR, (FATHER’S NAME NOT KNOWN)AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, KAWANRA, DISTRICT – BHOJPUR. 61. UMESH OJHA, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, GHAUGAIN, DISTRICT – BHOJPUR. 62. JAI PRAKASH SINGH, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, TETRADH, DISTRICT ROHTAS. 63. BIPUL KUMAR TEWARI, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE – SAKADDI, DISTRICT BHOJPUR. 64. PRADIP KUMAR SINGH, (FATHER’S NAME NOT KNOWN) AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE, BARE, DISTRICT KAIMUR. ------ RESPONDENTS. AND LPA No.98 of 2006 BAKSHI AMAR NATH PRASAD, SON OF LATE BAXI JHULAN PRASAD, AT PRESENT WORKING AS CLERK-CUM-CASHIER, BHOJPUR, ROHTAS GRAMIN BANK, BRANCH OFFICE- CHARPOKHARI, DISTRICT – BHOJPUR. ------ PETITIONER-APPELLANT Versus 1. MADHYA BIHAR GRAMIN BANK, MINA PLAZA, SOUTH OF MUSEUM, PATNA – PIN – 800 001 THROUGH ITS CHAIRMAN. 2. REGIONAL DEVELOPMENT MANAGER, CONTROLLING OFFICE, MADHYA BIHAR GRAMIN BANK, HARIKHEN KUMAR JAIN, TRUST BHAWAN, HARIJI KA HATA, ARAH PIN – 802 301. 3. THE CHAIRMAN, STAFF SELECTION COMMITTEE, HEAD OFFICE, SOUTH RAMNA ROAD, ARA, P.S. NAWADA, DISTRICT BAHOJPUR. 4. PRADIP KUMAR JAISWAL, FATHER’S NAME NOT KNOWN, AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR ROHTAS GRAMIN BANK, BRANCH OFFICE DHANSOI, DISTRICT BUXAR. 5. DEVBRAT SINGH, FATHER’S NAME NOT KNOWN, AT PRESENT POSTED AS CLERK-CUM-CASHIER, BHOJPUR- ROHTAS GRAMIN BANK, BRANCH OFFICE, MEYARI BAZAR, DISTRICT ROHTAS -------- - 7 - RESPONDENTS. For the Appellants : Mr. Shyama Prasad Mukherjee, Senior Advocate Mr. Gyanand Roy, Advocate in LPA No. 95 of 2006 Mr. Kumar Madhuvendu in LPA No. 98 of 2006 For the Respondent: Mr. Baxi S.R.P. Sinha, Advocate. Bank in both the appeals --------- P R E S E N T THE HON'BLE ACTING CHIEF JUSTICE THE HON'BLE DR. JUSTICE RAVI RANJAN PRASAD, ACJ & RANJAN, J : Both the appeals arise out of the same order and as such they were heard together and are being disposed of by this common judgment. Writ petitioners-appellants, aggrieved by the order dated 19.12.2005 passed in CWJC No. 8287 of 2001 and its analogous cases have preferred this appeal under Clause-10 of the Letters Patent. Writ petitioners-appellant (hereinafter referred to as the petitioners) are Clerk-Cum-Cashier and they were candidates for promotion to the post of Officer grade, Scale-1 in the Bhojpur Rohtas Gramin Bank, whose successor is now Madhya Bihar Gramin Bank. Promotion to the post of Officer grade, Scale I from the post of Clerk-Cum-Cashier is to be effected following the principle of seniority-cum-merit. In order to give effect to the principle aforesaid, respondent Bank had framed policy which provides that in order to assess minimum merit, a candidate will be judged on 50 marks out of which 30 marks is allocated for - 8 - performance in the years 1995-96, 1996-97 and 1997-98. Twenty marks is allocated for interview and cut-off marks fixed for making a person eligible for promotion is 25. However, securing 10 marks out of 20 in the interview is mandatory. Petitioners knew the aforesaid policy and offered their candidature for promotion. Ultimately, when not selected for promotion, they have questioned their non-promotion and promotion of other Cashier-cum-Clerks in the Officer Grade, Scale-1, inter alia on the ground that promotion-policy is illegal. The learned single Judge did not find anything obnoxious in the promotion policy and further observed that petitioners once having taken the chance and failed, cannot be allowed to question the promotion policy. Mr. Shyama Prasad Mukherjee, Senior Advocate appearing on behalf of the appellant submits that the principle followed is merit-cum-seniority and not seniority-cum-merit and the allocation of marks in the manner aforesaid shows that Bank had followed the principle of merit-cum-seniority. In support of the submission, he has placed reliance on a judgment of the Supreme Court in the case of Hargovind Yadav Vrs. Rewa Sidhi Gramin Bank and others, 2006 (6) SCC 145 and our attention has been drawn to the following passage from the said judgment:- “It is thus clear that this Court did not accept the promotion policy contained in the circular dated 2.2.1989 as being in consonance with the principle of seniority- - 9 - cum-merit. This Court held that the policy which did not prescribe a minimum standard for assessing merit and which promoted candidate on the basis of comparative merit, with reference to total marks obtained by the eligible candidates, followed the merit-cum-seniority principle. The decision in Sivaiah relating to Area/Senior Managers of the first respondent Bank was followed by the High Court in the case of the appellant, in its judgment dated 13-10-1998 and it was held that the procedure adopted by the first respondent Bank for promotion of the third respondent and V.P. Singh as per the circular dated 2-2-1989 was contrary to the Rules which required promotions by seniority-cum-merit, and the Bank was directed to redo the promotions by considering the case of the appellant and other eligible candidates by adopting the criteria of seniority-cum-merit.” Mr. Bakshi S.R.P. Sinha, Counsel appearing on behalf of the respondent Bank, however, contends that the policy framed by the Bank for promotion is in conformatory with the principle of seniority-cum-merit. He points out that for assessing the minimum merit, a cut-off marks was fixed and thereafter promotion was effected taking into account the inter se seniority of the candidates. Having appreciated the rival submission, we do not find any merit in the submission of Mr. Mukherjee and the decision relied on in no way supports his contention. As observed earlier, 30 marks have been allocated for performance of the candidates in the relevant years and 20 marks for the interview. To assess the minimum merit, cut-off marks was fixed at 25 and - 10 - securing 10 marks in interview was made necessary. A candidate securing more than 20 marks thus have become eligible for promotion. The promotion is not to be made on the basis of the total marks obtained ignoring the seniority. A person securing 25 marks is to be promoted following the principle of seniority. In that view of the matter, it cannot be said that the principle followed is merit-cum-seniority. Mr. Mukherjee, then submits that the learned single Judge erred in dismissing the writ application on the ground that the petitioners having once taken the chance cannot be promoted to question the promotion policy. In support of the submission, reliance has been placed on a decision of the Supreme Court in the case of Raj Kumar and Others Vrs. Shakti Raj and Others, 1997 (9) SCC 527. We have held the promotion-policy to be in conformity with the principle of seniority-cum-merit and hence this question is rendered academic. However, this submission of Mr. Mukherjee does not commend us. Petitioners have participated in the process of selection keeping their eyes wide open. It is not their case that after their participation in the selection process, the promotion policy has been changed. We are entirely in agreement with the learned single Judge that in the facts of the present case, they were not entitled to question the same. In the result, we do not find any merit in these appeals - 11 - and they are dismissed accordingly. Patna High Court Dated the 5th Jan. 2009 NAFR/S.Ali (Chandramauli Kr. Prasad, ACJ.) (Dr. Ravi Ranjan, J.)