IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17134 of 2009 1. VINAY KUMAR DUBEY S/O SHRI KALIKA PRASAD DUBEY, R/O VILL- AGINI, P.O- SIKARIAN, VIA- SASARAM, P.S- DARIGAON, DISTT- ROHTAS SASARAM Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF ECONOMIC AFFAIRS, BANKING DIVISION,NEW DELHI 2. CHIEF GENERAL MANAGER, NATIONAL BANK OF AGRICULTURE & RURAL DEVELOPMENT, MUMBAI 3. MADHYA BIHAR GRAMIN BANK THROUGH ITS CHAIRMAN, HEAD OFFICE, MEENA PLAZA, SOUTH OF MUSEUM, PATNA 4. BOARD OF DIRECTORS, MADHYA BIHAR GRAMIN BANK THROUGH ITS CHAIRMAN, HEAD OFFICE, MEENA PLAZA, SOUTH OF MUSEUM, PATNA 5. CHAIRMAN, MADHYA BIHAR GRAMIN BANK, HEAD OFFICE, MEENA PLAZA, SOUTH OF MUSEUM, PATNA 6. GENERAL MANAGER, MADHYA BIHAR GRAMIN BANK, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, HEAD OFFICE, MEENA PLAZA, SOUTH OF MUSEUM, PATNA 7. SENIOR MANAGER, MADHYA BIHAR GRAMIN BANK, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, HEAD OFFICE, MEENA PLAZA, SOUTH OF MUSEUM, PATNA ----------- 3. 04.01.2010. Heard learned counsel for the petitioner and the counsel for the Madhya Bihar Gramin Bank (hereinafter referred to as the “Bank”), who has filed counter affidavit which is taken on record. 2. Petitioner is the employee of the Bank. He has filed this writ application praying, interlia, to direct the Bank to consider his case for promotion in the light of the recommendations of the Thorat Committee which was approved by the Government of India with direction to implement the recommendations as is evident from the letter of the Chief General Manager of National Bank for Agriculture and Rural Development (hereinafter referred to as “NABARD”) dated 12th September, 2008, contained in Annexure-1 to this application. Counsel for the petitioner in this connection has relied on Section 24 of the Regional Rural Banks Act, 1976 which inter alia empowers the Government of India to issue directions in regard to the matters of policy involving public interest. In order to provide better chances of promotion to the Bank employees the Government of India appointed Dr. YSP Thorat to undertake a comprehensive review of human resources policy of Regional Rural Banks. Dr. Thorat having considered the bleak chances of promotion of the Bank employees submitted his recommendation to the Union of - 2 - India which was approved by the Government of India and the approval was communicated to all concerned by the Chief General Manager of NABARD under letter dated 12th September, 2008, Annexure-1. 3. Counsel for the Bank in reply, however, submitted that true it is that Dr. Thorat submitted his recommendation providing for better chances of promotion which was accepted by the Union of India and direction was issued to implement the recommendation but such recommendation could not be implemented as rules to implement the recommendation was not framed and such fact was brought to the notice of the NABARD by the Regional Rural Banks. The NABARD, thereafter, sought further clarification from the Union of India which was provided under e-mail dated 23.10.2008. In the light of the instructions contained in said e-mail further instruction was issued by the Chief General Manager of NABARD under letter dated 29th October, 2008, Annexure-A to the counter affidavit, directing the Banks to consider the promotion claim of the employees in the light of the 1998 rules until those rules are repealed in the light of the recommendations of Dr. YSP Thorat. 4. Having heard counsel for the parties, I dispose of this writ application with direction to the Bank to consider the case of its employees as per the provisions contained in the 1998 rules until the new set of rules in terms of the recommendation of Dr. YSP Thorat is framed repealing the 1998 rules with the approval of the competent authority. 5. With the aforesaid observation and direction, this writ application is disposed of. P.K.P. (V.N.Sinha,J.)