1 S.B.CIVIL WRIT PETITION NO.2628/2008 Sunil Kumar Trivedi v. State of Rajasthan & Ors. Date of Order :: 2nd December, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Rajesh Joshi for the petitioner. Mr. Deepak Choudhary] Mr. Sanjay Kapoor ] Mr. R.S.Shekhawat ] for the respondents. .... To assail validity of the promotions given to the respondents No.4 to 6 in the category of “D” Grade-I (Manager) under the recommendations of the Departmental Promotion Committee that met on 27.11.2007, this petition for writ is preferred. The facts necessary to be noticed for adjudication of this petition for writ are as follows:- The petitioner is holding the post of Banking Assistant with respondent Pali Central Cooperative Bank Ltd., Pali. By a notification dated 10.8.1984, the Registrar, Cooperative Societies, Rajasthan, while exercising powers under Rule 41 of the Rajasthan Cooperative Societies Rules, 1966 (hereinafter referred to as “the Rules of 1966”) 2 prescribed rules for selection/promotion in all the Central Cooperative Banks in State of Rajasthan. As per Anx.“A” to the notification dated 10.8.1984 a Banking Assistant is having an avenue for promotion for Group “D” grade to the extent of 60% under the criteria of seniority-cum-merit and 40% by way of merit alone. By a subsequent notification dated 9.3.2005 the Registrar, Cooperative Societies while exercising powers under Rule 39 of the Rajasthan Cooperative Societies Rules, 2003 (hereinafter referred to as “the Rules of 2003”) prescribed a fresh criteria for recruitment to the posts in Grade “D”. As per the notification dated 9.3.2005 all the vacancies relating to promotion in Group “D” are required to be filled in as per the criteria of seniority only. The respondent Bank convened a meeting of Departmental Promotion Committee on 27.11.2007 to consider candidature of eligible candidates for the purpose of promotion to the posts under “D” Grade from among the Banking Assistants. The Departmental Promotion Committee accordingly met on 27.11.2007 and choose to recommend names of eligible candidates for the purpose of promotion to “D” Grade posts as per the criteria prescribed by the Registrar, Cooperative Societies under the notification dated 9.3.2005. Pertinent to note here that the vacancies sought to be filled in under the recommendations of the Departmental Promotion Committee which met on 27.11.2007 were relating to the vacancy year of 2004-2005. 3 The contention of the petitioner while challenging the recommendations made by the Departmental Promotion Committee and the promotions made in pursuant thereto is that the vacancies relating to the period prior to 9.3.2005 could have been filled in as per the criteria prescribed under the notification dated 10.8.1984 only and not in accordance with the notification dated 9.3.2005. A reliance is placed by the petitioner upon a Registrar, Cooperative Societies letter dated 7.6.2005 (Schedule- C with writ petition) clarifying that the vacancies arising prior to 9.3.2005 should be filled in as per the rules existing earlier. In reply to the writ petition it is stated on behalf of the Bank that the rules relating to promotion in Group “D” from the cadre of Banking Assistants were made applicable on 9.3.2005 i.e. in the vacancy year of 2004-2005, therefore, all the vacancies arising in the vacancy year of 2004-2005 are rightly filled in as per the rules notified on 9.3.2005. Heard counsel for the parties. Precisely, the issue for adjudication is that whether the vacancies arising even prior to 9.3.2005 but in the vacancy year of 2004-2005 are 4 rightly filled in as per the criteria laid down by the Registrar, Cooperative Societies under the notification dated 9.3.2005? The notification dated 10.8.1984 prescribing mode of recruitment to various posts in Central Cooperative Bank nowhere prescribes any specific date for determination of yearwise vacancies, however, the notification dated 9.3.2005 refers that all existing and anticipating vacancies required to be filled in by way of promotion or by way of direct recruitment are required to be computed on 31st of March of every year. In view of specific provision referred above i.e. clause (3) of the notification dated 9.3.2005 the first occasion before the respondent Bank to determine existing and anticipating vacancies as per the notification dated 9.3.2005 was on 31.3.2005. The vacancies relating to the year 2004-2005, therefore, in no way could have been determined as per the notification dated 9.3.2005. On 31.5.2005, the respondents could have computed existing and anticipating vacancies relating to the forthcoming year i.e. 2005-2006. As such, the vacancies not determined under the notification dated 9.3.2005, therefore, could have not been filled in under the criteria laid down in the notification aforesaid. The vacancies relating to the year 2004-2005 must have been computed as per the provisions existing prior to the notification dated 9.3.2005 and, therefore, those 5 should have been filled in in accordance with the criteria then existing. In view of whatever said above, I am of considered opinion that the Departmental Promotion Committee erroneously adopted the criteria prescribed under the notification dated 9.3.2005 to fill in the vacancies in Group “D” from among the Banking Assistants. The consideration for promotion by the Departmental Promotion Committee which met on 27.11.2007 to consider candidature of eligible Banking Assistants for promotion in Group “D” cadre, therefore, deserves to be declared bad. Accordingly, this petition for writ is allowed. The criteria adopted by the Departmental Promotion Committee which met on 27.11.2007 to consider candidature of the Banking Assistants for promotion in Group “D” posts is declared illegal. Accordingly, all orders of promotions made in pursuant thereto stand quashed. The respondent Bank is directed to hold a review Departmental Promotion Committee as per the criteria applicable for promotion to Group “D” posts from among the Banking Assistants as per the notification dated 10.8.1984 (Schedule “A” to the writ petition). A fresh meeting of Departmental Promotion Committee to make promotions for the posts in question is required to be convened within a period of four months from today and till then the persons already 6 promoted in Group “D” category shall be allowed to continue as such. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.