THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.14306 of 1998 ORDER: Heard Sri M. Sreeramulu Reddy, learned counsel for the petitioners and Sri A. Krishnam Raju, learned Standing Counsel for the respondent Bank. The writ petitioners are currently working as Officers with the respondent Bank, which is a Regional Rural Bank established in terms of the Regional Rural Banks Act (Act No.21 of 1976). The writ petitioners were initially recruited to the clerical cadre in the service of the respondent Rural Bank. They were subsequently promoted as Field Supervisors. While they are working so, pursuant to certain recommendations made by NABARD, the posts of Field Officers have been abolished and the entire cadre has been merged with the cadre of Officers Scale-I. However, when it came to the question of promotion to the next higher post of Officers Scale–II, the grievance of the writ petitioners was that such of those Officers, who were working as such, prior to 22- 02-1991, were alone rendered eligible to be considered for promotion this time around. In accordance with section 29 of Act No.21 of 1976 r/w Section 17 thereof, the Central Government, after consultation with NABARD and the sponsor Banks, framed the Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1988, (henceforth referred to as ‘the Promotion Rules’). Rule 5 required all vacancies, as determined by the Board, to be filled by either deputation or promotion or direct recruitment, in accordance with the provisions contained in the Second Schedule to these Rules. The Second Schedule has prescribed the detailed mode and method of filling up the vacancies dealing with the posts of Area Managers or Senior Managers, which are otherwise called as Officers Scale-II. The source of recruitment is shown as 100% by promotion from amongst the confirmed Officers working in the Bank and the promotions will be undertaken on the basis of seniority- cum-merit. It was further laid down therein that a candidate is required to be a graduate and also required to put in eight years of service as Officer in the Bank. Therefore, the period of eight years, which is required to become eligible, has got to be necessarily computed only from 22-02-1991, not from 01-09-1987, in case of the former Field Supervisors, whose cadre has been amalgamated. The grievance of the petitioners is that though the recommendations of the Equation Committee have been implemented on 22-02-1991, but however, the fact remains that the cadre of Field Supervisors was abolished with effect from 01-09-1987, i.e., with retrospective effect, therefore, the petitioners’ claim that their service rendered as Field Supervisors prior to 22-02-1991, cannot be disregarded in the matter of considering their claim for promotion to the post of Officers Scale–II. The answer furnished by the respondent Bank to the claim of the petitioners is that the post of Field Supervisors was in existence till 22-02-1991 and the said post was not a feeder category for promotion to the post of Officer Scale–II and that it was a feeder category to the post of Officers Scale- I, and only with effect from 22-02-1991, the said cadre of Field Supervisor has been abolished and all its personnel have been merged with the cadre of existing Officers Scale-I and they were specifically informed that for the purpose of seniority, they would reckon the service rendered from 22-02- 1991 onwards only. Therefore, for the present, the choice of consideration for the purpose of promotion to Officer Scale-II is confined in favour of the Officers, who were working in the cadre of Scale-I up to 22-02-1991 only. It is not in dispute that the cadre of Field Supervisors was in existence up to 22-02-1991 only. Pursuant to the recommendations made by Justice Obul Reddy National Industrial Tribunal, the cadre restructuring has taken place and the intermediary cadre of Field Supervisors has been done away with. The existing personnel of Field Supervisors have all been amalgamated with the existing cadre of Officers Scale-I. While amalgamating these two cadres, it was made clear that the former Field Officers now amalgamated with the cadre of Officers Scale-I will reckon their service rendered from 22-02-1991 only for the purpose of seniority in the cadre of Officers Scale–I. In other words, the service rendered by them prior to 22-02-1991 from 01-09-1987 onwards as Field Supervisors will not enure for any benefit of seniority in the cadre of Officer Scale-I. When once such a service is not liable to enure for their benefit in the matter of seniority, no exception can be drawn to the action of the respondent Bank in confining the choice of consideration for the purpose of promotion to the next higher cadre of Officers Scale-II to only such officers, who have been functioning as Officers Scale-I prior to 22-02-1991. Obviously, such of those Field Supervisors, who have been amalgamated with the cadre of Officers Scale-I would not have acquired the requisite length of service of eight years for them to become eligible for promotion to Officers Scale-II in accordance with the Rule, by 1998. For the foregoing discussion, I do not find any merit in this writ petition and, accordingly, the same is dismissed. No costs. -------------------------------- Nooty Ramamohana Rao, J mrk 6th November 2009