Jharkhand High Court
Rabindra Kumar Mishra vs Palamu Kshtriya Gramin Bank & on 6 August, 2012
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4706 of 2005.
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Rabindra Kumar Mishra... ... ... ... ... ... Petitioner
Versus
1. Palamau Kshetriya Gramin Bank,
Head Office, Daltonganj.
2. The Chairman, Palamau Kshetriya
Gramin Bank, Daltonganj, Head
Office, Daltonganj, District Palamau.
3. The General Manager, Palamau Kshetriya
Gramin Bank, Daltonganj, Palamau.
4. Sri Rajan Kumar Sinha, Branch Manager,
Shahpur Kshetriya Gramin Bank,
Daltonganj, District Palamau ... ... ... ... Respondents.
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CORAM: HON'BLE MR. JUSTICE ALOK SINGH
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For the Petitioner : Mr. Shekhar Prasad Sinha, Advocate.
For the Respondents No. 1 to 3: M/s. Satish Bakshi and Nipun Bakshi,
Advocate.
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06. 06.08.2012. Undisputedly criteria for promotion is seniority-cum-merit; in L.P.A. No. 342 of 2002, Division Bench of this Court directed the authorities for fresh consideration of the cases of respondents no. 3 to 8 and other four officers in accordance with law; the petitioner was also called for interview to be held on 21st January, 2004; however, the petitioner refused to appear before the Interview Board.
Since criteria for promotion is seniority-cum-merit, therefore, the Committee, to consider the candidature for promotion, has to assess the inter se merit of the candidates by assessing the service record. Undisputedly the petitioner did not appear before the Interview Board held on 21st January, 2004, in compliance of the direction issued by this Court in L.P.A. No. 342 of 2002. Although, in a subsequent meeting, the petitioner's candidature was considered, but he was not found suitable for promotion because of adverse entries in the service record.
The petitioner has absolutely no fundamental or legal right to claim promotion ignoring the Rule of seniority-cum-merit more particularly, the direction issued by this Court in L.P.A. No. 342 of 2002.
Therefore, the writ petition is dismissed.
(Alok Singh, J.) AKS.Cp.2.