CHAIRMAN & MANAGING DIRECTOR CENTRAL BANK OF INDIA Vs. CENTRAL BANK OF INDIA SC/ST EMPLOYEES WELFARE ASSOCIATION

JUDGEMENT

(1.) Leave granted. Impleadment and intervention applications are allowed.

(2.) The issue which arises for consideration in these appeals lies within a narrow campus and is crisp one, though at the same time it is of seminal importance for the parties before us. It relates to the rule of reservation of the Scheduled Castes (SC) and Scheduled Tribes (ST) in the promotion in the officer grade/scale in the appellant Banks. There is no dispute that the appellant Banks, which are statutory/public sector banks, are following the applicable guidelines of the Central Government pertaining to reservation of SC and ST employees insofar as their promotion from clerical grade to officer grade is concerned. The question to be answered is as to whether there is any reservation in the promotions from one officer grade/scale to another grade/scale, when such promotions are made on selection basis. As per the appellant Banks, there is no rule of reservation for promotion in the Class A (Class-I) to the posts/scales having basic salary of more than Rs. 5,700/- and in the relevant instructions, issued in the form of Office Memoranda, only a concession is provided in the manner officers belonging to SC/ST category are to be considered for promotion. To put it otherwise, the position taken by the Banks is that there is no rule of reservation for promotions and the candidature of these officers belonging to these categories for promotion is to be considered on the basis of relaxed standards. The respondents, who are SC/ST Employees' Unions of the appellant Banks or individuals belonging to such categories, dispute the aforesaid stand taken by the Banks. According to them, the circular issued by the Central Government expressly provides for such a reservation.

(3.) It is interesting to note that for taking their respective positions both the parties rely upon O.M. dated 13-08-1997 issued by the Central Government (which, of course, is to be read along with other connected office memoranda). Thus, outcome of these appeals would depend upon the interpretation that is to be accorded to the said Office Memorandum dated 13-08-1997. As the Banks are in appeal against the judgment of High Court of Judicature at Madras rendered on 09-12-2009 whereby number of writ appeals were disposed of, it can clearly be discerned that insofar as High Court is concerned its interpretation to the aforesaid circular has gone in favour of the SC/ST employees.