IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WA.No. 963 of 2006() -------------------- AGAINST THE JUDGEMENT IN OP.5478/1999 Dated 16/12/2005 .................... APPELLANT(S): PETITIONERS 2 & 5. -------------------------- 1. M.M.SALAHUDEEN, MANAGER, SOUTH MALABAR GRAMIN BANK, VYTHIRI BRANCH, WAYANAD PRESENTLY WORKING AS MANAGER, PLANNING AND DEVELOPMENT WING, HEAD OFFICE, MALAPPURAM. 2. K.P.MUHAMMED, MANAGER, SOUTH MALABAR GRAMIN BANK, ACCOUNTS SECTION, HEAD OFFICE, MALAPPURAM, PRESENTLY WORKING AS MANAGER, KOODRANHI BRANCH, SOUTH MALABAR GRAMIN BANK, KOZHIKODE. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): RESPONDENTS. --------------------------- 1. SOUTH MALABAR GRAMIN BANK, HEAD OFFICE, MALAPPURAM, REPRESENTED BY ITS CHAIRMAN. 2. P.K.MUKUNDAN, MANAGER, INSPECTION SECTION, SOUTH MALABAR GRAMIN BANK, HEAD OFFICE, MALAPPURAM. 3. C.V.JINADEVAN, OFFICER SCALE II, SOUTH MALABAR GRAMIN BANK, KALLACHI ,VADAKARA, KOZHIKODE. 4. P.K.UDAYABHANU, OFFICER SCALE II, SOUTH MALABAR, GRAMIN BANK, PERINTHALMANNA BRANCH. 5. K.K.SREENIVASAN, OFFICER SCALE II, SOUTH MALABAR GRAMIN BANK, ARIKKULAM BRANCH, KOILANDY, KOZHIKODE. WA NO.963/2006 2 6. K.VIJAYKUMAR, OFFICER SCALE II, SOUTH MALABAR GRAMIN BANK, PURATHUR BRANCH, TIRUR, MALAPPURAM. 7. K.VIMALA, OFFICER SCALE II, SOUTH MALABAR GRAMIN BANK, CHENGOTTUKAVU BRANCH, KOILANDY, KOZHIKODE. 8. T.U.SREEDHARAN, OFFICER SCALE II, SOUTH MALABAR GRAMIN BANK, HEAD OFFICE, MALAPPURAM. 9. E.MOHANACHANDRAN, OFFICER SCALE II, SOUTH MALABAR GRAMIN BANK, HEAD OFFICE, MALAPPURAM. 10. GEORGE THOMAS, OFFICER SCALE II, SOUTH MALABAR GRAMIN BANK, PINANGODE BRANCH, WAYANAD, WAYANAD. R1 BY ADV. SHRI T.R.REVI R2 TO R10 BY ADV. SHRI P.S.BIJU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.963 of 2006 -------------------------------------- Dated this the 18th day of November, 2008. JUDGMENT Koshy, J. Appellants were employees of the South Malabar Gramin Bank. They approached this Court by filing a Writ Petition as they were not selected to the post of Officer Scale II in the first respondent bank. There is no dispute that they were qualified for selection and it is admitted that in fact they were considered for selection. Mode of selection as per the Selection Policy is as follows:- “(c) Mode of selection : Interview and assessment of performance for the preceding three years period as officer for promotion” The Regional Rural Bank (Appointment and Promotion of Officers and other employees)Rules itself provided how the marks to be awarded for being considered for selection. It is as follows:- Total Marks: 100 A) SENIORITY: 50 WA No.963/2006 2 @ 10 marks per year for period over qualifying period (10 x5). (15 days and above will be taken as one month for awarding marks. Less than 15 days to be ignored). B) PERFORMANCE: 25 I. Branch level: 1. Deposit Mobilisation - 2 marks per year for crossing the average deposit target and 1 ½ marks per year if at least 80% of average target is crossed .. 6 2. Lending emphasis for direct Agricultural loans (Other than gold) in the area (@ 1 mark per year) .. 3 3. Advance disbursement and Recovery performance. @ 2 marks per year .. 6 4. Internal control - Inspection report and staff management. @ 2 marks per year .. 6 5. Image building / Extension activity .. 2 6. Mobility .. 2 WA No.963/2006 3 25 II. Administrative Office/Head Office: 1. Marks for procedure (qualitative and quantitative) Accuracy, promptness, ability to communicate to branches @ 2 marks per year .. 6 2. Analytical ability @ 1 mark per year .. 3 3. Initiative, drive, willingness to accept responsibility .. 3 4. Ability to delegate work, get things done, and train staff .. 3 5. Staff Relation .. 3 6. Ability to handle new and complicated situations .. 3 7. Image building/Extension activity .. 2 8. Mobility ..2 25 C) INTERVIEW 25 TOTAL 100 WA No.963/2006 4 NOTE : GENERAL CONDITIONS: 1. 4 marks to be deducted for each time of loss of pay with a maximum of 16 marks for reasons other than death of family member, Marriage of self and due to bund by Transport Operators. 2. Marks will be deducted upto a maximum of 7 on following lines: i) Warning letter for wilful disobedience .. 1 mark ii) Found guilty after issuing charge sheet.. 6 marks. It is true that as held by the Hon’ble Supreme Court in B.V.Sivaiah v. K.Addanki Babu ((1998) 6 SCC 720) and Union of India v. Lt.General Rajendra Singh Kadyan ((2000)6 SCC 698 if the seniors got minimum marks in the case of seniority-cum-fitness, they should be promoted on the basis of seniority and they cannot be ignored. In this case, first appellant got 64.85 marks out of which 50 is the maximum mark for seniority. For performance appraisal as well as interview he got 14.85 marks. Second appellant got 75.15 marks. That means, he got 25.15 marks for performance appraisal and interview together. It is true that in the earlier judgment Hon’ble Supreme Court held that marks cannot be fixed above 60 for interview. Here 50 mark is allotted for seniority. Out of the balance, 25 marks is allotted for performance appraisal and 25 marks is allotted WA No.963/2006 5 for interview. So it cannot be stated that seniority was not considered as an important factor. Apart from the above, both the appellants were granted maximum marks of 50 for seniority. Therefore, their seniority was considered and given due weight. Apart from the above, in this case there were nine vacancies. If seniority alone was the criteria, first appellant was number 12 and second appellant was number 24 in the seniority list respectively and they will not come within the first nine seniors and therefore, the contention that seniority alone can be considered also cannot be accepted. Promotion was effected strictly as per the norms. In these circumstances, there is no merit in the appeal. Appeal is dismissed. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks