IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11454 of 2009 1. UTTAR BIHAR GRAMIN BANK EMPLOYEES ASSOCIATION THROUGH IT’S GENERAL SECRETARY NAMELY SHAILESH KUMAR PANDEY, S/O DR. DEODUTTA PANDEY, R/V NIDHI CHOWK GANGA SAGAR BHOWARA, P.S MADHUBANI DISTT. MADHUBANI. 2. AJAY KUMAR SINGH SON OF SRI ADITAYA NARAYAN SINGH, R/V- C/O SRI GOPAL SHANKAR SINGH SADHANAPURI CHAPPARA. 3. RADHESHAYAM PASWAN SON OF SRI ASARFI PASWAN R.M- AMBEDKARNAGAR(KHAJASARAI) P.S. LAHERIASARAI DISTT. DHARBANGA. 4. BINOD KUMAR SINGH, SON OF LATE DINA NATH SINGH, R/V PRABHU NATH NAGAR, P.S. TADHI DISTT. SARAN. 5. RAM KUMAR TIWARY SON OF SRI DEV NATH TIWARY, R/V GONIHA CHHAPRA, P.S. RANI GANJ DISTT. BALIA, U.P.. Versus 1. THE UNION OF INDIA THROUGH IT’S SECRETARY MINISTRY OF FINANCE(BANK DIVISION) NEW DELHI. 2. THE CHAIRMAN AND THEIR BOARD OF DIRECTORS UATTAR BIHAR GRAMIN BANK H.O. SHARMA COMPLEX KALAM BAGH CHOWK MUZAFFARPUR, BIHAR. 3. THE CHAIRMAN-CUM-MANAGING DIRECTOR NATIONAL AGRICULTURAL AND RURAL DEVELOPMENT INSTITUTIONAL, DEVELOPMENT DEPARTMENT, REGIONAL RURAL AND COMMERCIAL BANKS DIVISION GARMENT HOUSE 3RD FLOOR, DR. ANNIS BESANT ROAD, WORLI, MUMBAI-400018. 4. THE CHAIRMAN CENTRAL BANK OF INDIA, CHANDRA MUKHI NARIMAN POINT MUMBAI. For the Petitioners :- M/s Mukesh Kumar-3, Ashok Kr. Pathak, Advocates. For the Bank :- Mr. Prabhakar Jha, Advocate. ----------- 03. 18.01.2010 Heard learned counsel for the petitioners and the counsel for Uttar Bihar Gramin Bank(hereinafter referred to as the “Bank”). 2. Petitioner no.1 is the association of the employees of the Bank and petitioner nos.2 to 5 are the employees of the Bank. They have filed this writ application for a direction to the Bank to consider the case of the employees of the Bank in the light of the instructions of the Government of India, Ministry of Finance, Department of Economic Affairs contained in F.No.8/(6)/93/RRB dated 15.6.1999, Annexure-6 issued under the signature of the Chief General Manager, National Bank for Agriculture and Rural Development Central Office, Worli, Mumbai directing the different branches of the Bank to fill up the earlier vacancies which arose prior to coming into force of the 1998 Rules by promotion through old Rules of 1988 and the subsequent vacancies - 2 - which arose after enactment of 1998 Rules as per the provisions of 1998 Rules. 3. Counsel for the Bank has opposed such prayer. According to him in the light of the recommendation of the Thorat Committee, Branches of the Bank have been re-categorized and the vacancies created earlier in the light of the recommendation of the Agrawal Committee has since been abolished. 4. Counsel for the petitioners disputes such submission as there is no order to abolish the vacancies created earlier which has been placed on record and according to learned counsel this Court cannot proceed with the presumption that the vacancies created in the light of the recommendation of the Agrawal Committee has since been abolished. 5. Having heard counsel for the parties, I direct the petitioner association to represent before the Chairman of the Bank to consider the case of the employees of the Bank for promotion in the light of the instructions of the Government of India contained in letter dated 15.6.1999, Annexure-6 as also the orders of this Court dated 23.6.2009 passed in C.W.J.C. No.8171 of 2002 and 8266 of 2002, Annexure-5 as early as possible, in any case within one month from the date of receipt/production of a copy of this order. It is made clear that this Court has not expressed any opinion on the merit of the submission raised in this application. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)