K.M.Mishra vs Central Bank Of India & Ors

3. It would be useful to state at the beginning certain basic facts that are admitted or are, at any rate, undeniable as that would keep us from straying into issues that have no relevance to the dispute giving rise to this appeal. The promotion from Middle Management Grade (Scale III) to Senior Management Grade (Scale IV) is made on the principle of merit-cum- seniority from among officers who have completed five years' satisfactory service in MMG scale III. The Bank's Promotion Policy for Officers in clause 3.3 provides as follows.

The selection from among the eligible candidates, i.e., officers who have completed the qualifying service of five years in MMG Scale III is made on the basis of an interview and annual Performance Appraisal Ratings for three preceding years. For the promotion in question, the appellant and respondent no. 5, both of whom had completed five years' qualifying 3 service in MMG Scale III were assessed in the same way. In the interview both the appellant and respondent No.5 were awarded 30 marks. In the annual PARs, however, though the appellant had `Very Good', same as respondent no.5 for the year 1994-95, for the other two years 1995-96 and 1996-97 he had only `Good' against `Very Good' obtained by respondent no.5. The remark `Very Good' carried 32 marks and `Good' 24 marks. Thus the Performance Appraisal Ratings of the appellant averaged out to 26.6 and that of respondent No.5 to 32. In this way, out of 100 the appellant had 56.6 marks as against 62.0 secured by respondent No.5. Respondent No.5 was accordingly selected and promoted to the post.

4. The appellant after unsuccessfully challenging the promotion granted to respondent no.5 before the Bombay High Court has brought the matter to this Court.

6. Since the issue of the educational qualifications came under discussion in the High Court judgment, before this Court it has been vastly expanded and turned into practically the main plank of attack to the promotion given to respondent no.5. A number of affidavits have been filed both by the appellant and respondent No.5 bringing on record his Master's degree, the Bachelor level marks-sheets and courses of studies etc. of Agra University (from where respondent No.5 took his Graduation and Master's degrees). On the basis of the affidavits and the enclosed documents, the appellant seeks to contend before the Court that though satisfying the first part of the educational criteria of having a Master's degree in Commerce in Hindi medium, respondent no.5 did not have English as an elective subject at the Bachelor degree level. Mr. A. K. Srivastava, learned senior advocate, 5 appearing for the appellant set forth before the Court in great detail the various documents obtained from the Agra University contending that the claim of respondent no. 5 that he had elective English at the Bachelor's level was not borne out from the University documents. Needless to say that on behalf of respondent No.5 it is equally strenuously argued that he fully satisfied the educational criteria and he had English as one of the subjects at the Graduate level.

16. On hearing counsel for the parties and on a careful consideration of the materials placed on record we find no merit in the appeal and it is accordingly dismissed. In the facts and circumstances of the case there shall be no order as to costs.