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4. Per contra, counsel for the respondents opposed the arguments raised by the counsel for the petitioners and submitted that seeking promotion is not a statutory right because all appointments and promotions are made on the discretion of the (D.B. SAW/776/2023 and 1 more have been filed in this matter. Please refer the same for further orders) (4 of 14) [CW-6287/1998] Bank as per Regulation 29 of the Reserve Bank of India (Staff) Regulation, 1948 (for short, 'Regulation 1948'). Counsel submitted that a scheme for promotion was formulated by the RBI vide Administration Circular No. 26 dated 31.12.1980 and accordingly, promotion schemes were formulated and renewed from time to time and on the basis of the existing scheme, the respondents proceeded with the process and all persons were called for interview, who were falling within the zone of consideration for promotion to the post of Officer in Grade 'B'. Accordingly, the petitioner was called in for the interview and he secured 28 marks out of 50 marks. The total marks of Appraisal Reports were scaled down to 100 from 200. The petitioner secured 76 marks out of 100 for appraisal, hence, his total marks were 104 out of 150. Hence, the petitioner was not in merit and he was not found suitable on the basis of his merit and performance and accordingly, promotion was given to the person who secured higher marks. Counsel submitted that while laying down the promotion policy or rule, it is open for the employer to specify the area and parameter of weightage to be given in respect of merit and seniority separately so long as the policy is not colourabale exercise of powers. In support of his contentions, he has placed reliance on the following two judgments of Hon'ble Supreme Court:-

17. Since Rule 29 of the Regulation 1948 is clear and specific and it says that all appointments and promotions shall be made at the discretion of the Bank and notwithstanding his seniority in a grade no employee shall have a right to be appointed and promoted to any particular post or grade.

18. A discretion has been given to the RBI to frame policy of promotion and as per Rule 29, no person can claim promotion only on the basis of seniority. Hence, the respondents framed their own policy for promotion of Staff Officers from Grade 'A' to 'B' on the basis of criteria of Seniority-Cum-Suitability and on the basis of their marks in interview and previous last three ACRs. The petitioner has failed to secure higher marks in comparison to the Respondents No.4 to 6, who have secured higher marks on the basis of promotion criteria fixed by the Bank. Hence, promotion was not given to the petitioner on the post of Grade 'B' Officer.