Hon'ble Ashwani Kumar Mishra,J.
The contention of the petitioners is that in Rules, 1988, the promotion was to be made against 50% quota on the basis of interview only. In Rules, 1998, for the first time, the provision for taking the written examination for promotion has been provided. The contention is that the vacancy, which has arisen prior to 1998 has to be filled up by the provision available prior to 1998. Reliance is placed on two Division Bench decisions of this Court, annexed along with the writ petition. In paras-7 & 8 of the writ petition, the detail of the vacancies arose prior to 1988 has been given.
We find that in the counter affidavit, there is no specific reply either way whether any vacancy arose prior to 1988 or not.
Let the Bank may file an affidavit with specific averments that whether any vacancy has arisen prior to 1998 before the commencement of Rules, 1998. What are the details and against such vacancy, how the promotion has been made. The reply shall be filed within two weeks.
List in week commencing 24.3.2014.
Order Date :- 3.3.2014 OP