IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2473 of 2010 1. Rajeev Lochan Jha son of Sri Ganesh Prasad Jha, resident of Mohalla-Babu Tola, Ward No.6, P.O. + P.S.+ District-Banka ---Petitioner Versus 1 The Bihar Kshetriya Gramin Bank, through its chairman, Bhagat Singh Chowk, Munger. 2 The Chairman, Bihar Kshetriya Gramin Bank, Bhagat Singh Chowk, Munger 3 The Board of Directors-cum-The Appellate Authority, Bihar Kshetriya Gramin Bank, through its chairman, Bhagat Singh Chowk, Munger 4 Rajesh Bharti, son of name not known to the petitioner, presently posted as Officer, Scale I, Bihar Kshetriya Gramin Bank, Sangrampur Branch, Dist. Munger. 5 Dilip Kumar Rajak son of name not known to the petitioner, presently posted as Branch Manager (Officer Scale I), Bihar Kshetriya Gramin Bank, Sanhaula Branch, Dist. Bhagalpur. ---Respondents. ---------------------------------- with Civil Writ Jurisdiction Case No.9445 of 2005 1. Purushottam Kumar Ghosh S/o Gopesh Chandra Ghosh resident of T. N. Singh Road, Court Area Adampur, P.S. Adampur, Dist. Bhagalpur. 2. Durga Dutta Jha S/o Jashodhar Jha resident of Mohalla- Bhikhanpur, P.S. Ishakchak, Dist. Bhagalpur. 3. Sarangdhar S/o Damodar Sah resident of Mohalla- Rani Talab, Sabour Road, Bhagalpur. ---Petitioners Versus 1 Bhagalpur Banka Kshetriya Gramin Bank, Radha Rani Sinha Road Adampur, Bhagalpur through its Chairman 2 Chairman, Bhagalpur Banka Kshetriya Gramin Bank, Radha Rani Sinha Road, Adampur, Bhagalpur. 3 Board of Directors, Bhagalpur Bank Kshetriya Gramin Bank, though its Secretary, Radha Rani Sinha Road, Adampur, Bhagalpur. ---Respondent ( Ist party) 4. Dilip K. Rajak, S/o Ram Lal Baitha, Bhagalpur Bank Kshetriya Gramin Bank, Branch Office-Jagdishpur, P.S. Jagdishpur, Dist. Bhagalpur. 5. Suman Kumar Pandey, S/o Baldeo Prasad Pandey, Bhagalpur Banka Kshetriya Gramin Bank, Branch Office-Tilakpur, P.S. Sultanganj, Dist. Bhagalpur. 6. Prakash Kumar Gupta, S/o late Sukhdeo Sah, Bhagalpur Bank Kshetriya Gramin Bank, Branch Office-Naugachia, P.S. Naugachia, Dist. Bhagalpur. 7. Ajit Kumar Sinha, S/o late Lalit Narayan Sinha Bhagalpur Bank Kshetriya Gramin Bank Branch office- Sultanganj, P.S. Sultanganj, Dist. Bhagalpur. 8. Ujjawal Kumar Sinha, S/o late Kamini Mohan Sinha, Bhagalpur Banka Kshetriya Gramin Bank, Branch office-Sanhoula, P.S. Sanhoula, Dist. Bhagalpur. 9. Anuj Kumar S/o Nawal Kishore Kumar, Bhagalpur Banka Kshetriya Gramin Bank, Branch office-Nath Nagar, P.S. Nath Nagar, Dist. Bhagalpur. 10. Sunil Kumar Pandey, S/o late Raj Kishore Pandey, Bhagalpur Banka Kshetriya Gramin Bank, ?Branch office- Bamdeo P.S. Rajaun, Dist. Bhagalpur. 11. Rajesh Bharti, S/o Om Prakash Mistri, Bhagalpur Banka Kshetriya Gramin Bank, Extention counter- Bhikhanpur, P.S. Ishakchak, Dist. Bhagalpur. 12. The Bihar Kshetriya Gramin Bank through its Chairman, Munger, Bhagat Singh Chowk, Munger. --Respondents ---------------------------------- 06 25.11.2011 Both writ petitions raise common issues and as such they have been heard together with the consent of the parties. The present order shall govern both the writ petitions. For the sake of brevity statement of bare fact shall be drawn from CWJC No. 9445 of 2005. Petitioners were serving the erstwhile Bhagalpur Banka Kshetriya Gramin Bank now know as Bihar Kshetriya Gramin ( for short ‘Bank’) in clerical cadre. They were to be considered for grant of promotion to Scale -1 ( JMG-1) on the basis of selection procedure to be taken up in terms of R.R.B. Rules notified by the Government of India on 29.07.1998. It is the petitioners’ case that in the light of the aforesaid Rules Bank formulated modalities under Annexure-1 for granting promotion from Clerical Grade to JMG-1 (Scale 1). This was followed by circulation of seniority list dated 07.07.2004 (Annexure-2). By communication dated 30.07.2004, the process of promotion commenced wherein the petitioners and other candidates were made to appear at the written test which was held on 03.10.2004. The respondent Bank thereafter came out with list of successful candidates at the written test (Annexure-4) wherein the petitioners were declared successful. This was followed by issuance of letters for their personal interview. Subsequently the respondent Bank, by an order dated 06.11.2004, changed the modalities and introduced qualifying marks in the interview as well as performance appraisal report. This was again changed by order dated 10.01.2005 (Annexure-7) and the percentage fixed under Annexure-6 was reduced. Petitioners were thereafter interviewed and were not selected. The private respondents were promoted w.e.f. 22.4.2005. The petitioners, therefore, approached this Court seeking a direction to grant them promotion to the Cadre of Scale 1 (JMG-1) w.e.f. 22.4.2005 that is the date when juniors to the petitioners were granted promotion. Learned counsel for the petitioners made diverse submissions in support of the application. Learned counsel for the respondent Bank, on the other hand opposed the relief(s) prayed for in the writ petition. Learned counsel for the private respondent supported the stand taken by Mr. Upadhyay, counsel for the respondent-Bank. One of the contentions raised by the petitioners is that similar issue was raised before this Court respecting the same bank in CWJC No. 1375 of 2006 ( Prashant Kumar Choudhary vs. Begusarai Kshetriya Gramin Bank & Ors.) which was allowed by order passed by a learned Single Judge of this Court on 26.09.2008. Respondent Bank aggrieved by the aforesaid order preferred writ appeal being LPA No. 87 of 2009 (Begusarai Kshetriya Gramin Bank & Ors. Vs. Sanjay Kumar and Anr.) and analogous appeals which stood dismissed by order dated 12.11.2009. Copies of both the orders have been handed in by learned counsel for the petitioner which are taken on record marked ‘Y’ and ‘Y/1’ respectively. In the same vein it is further contended that respondent-Bank aggrieved at the aforesaid order preferred Special Leave Petition before the Hon’ble Apex Court which stood dismissed at the admission stage itself. Another submission has been made that in the light of the aforesaid order dated 26.09.2008 one of the similarly placed employees of the respondent- Bank approached this Court ventilating his grievance whereafter he was permitted to approach the authority for redressal of the grievance. The aforesaid employee, namely, Rajesh Kumar Jha, thus approached the authorities of the respondent-Bank whereafter he was considered and granted relief by the respondent-Bank. Confronted with the aforesaid two orders, learned counsel for the respondent Bank takes a stand, and in my view a fair stand, that this in the light of order passed in related LPA no. 87 of 2009 and analogous appeals there is no scope for the Court to take a different view. In view of the aforesaid the present batch of writ applications are also disposed of in the same terms in which CWJC No. 1375 of 2006 (Prashant Kumar Choudhary vs. Begusarai Kshetriya Gramin Bank & Ors.) and analogous matters were disposed of by order dated 26.09.2008. In case of any difficulty or doubt the parties will refer to the reasoning and operative portion of the order passed in CWJC No. 1375 of 2006. Sym ( Kishore K. Mandal, J.)