B.T. KUMAR Vs. UCO BANK, A BODY CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, HEAD OFFICE-2, PERSONNEL ADMINISTRATION AND IRM DEPARTMENT, 3-4, DD B

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the respondents.

(2.) IT is the case of the petitioner that he belongs to a Scheduled Tribe, The petitioner is employed with the respondent - bank as a Clerk, having been promoted in the year 2002. It is his case that under the policy of reservation read with the settlements arrived at under the Industrial Disputes Act, between the employees' unions and the management of the respondent - bank, the petitioner became entitled to be promoted from the cadre of peon to the cadre of clerk in the year 1991. On denial of promotion, the petitioner had approached this court by way of a writ petition in WP 11767/199). That petition was disposed of by an order dated 30.3.1999 in view of the petitioner not having challenged the settlement that is arrived at. Therefore, the petitioner was constrained to file yet another writ petition in WP 33199/1999. which was allowed and it was held that the denial of promotion at least from the year 1993 could not be sustained. Therefore, the bank was directed to reconsider the matter afresh. This was on noticing that, during the pendency of the writ petition, the petitioner had been promoted as a clerk by an order dated 9.1.2002, but was with effect from 1.5.2001, However, instead of considering the case of the petitioner, in accordance with the findings recorded by this Court and in accordance with the policy of reservation, the bank had yet again, rejected the case of the petitioner by an order dated 1.9.2006. Aggrieved by this, the petitioner is before this court.

(3.) 6 There shall be three channels for promotions as above, viz., (1) Members of subordinate staff who attained the minimum qualification as stipulated for appointment in clerical cadre in public sector banks through BSRB shall be eligible for promotion. For the present these qualifications are - (a) a degree of a recognised University in any discipline; or (b) pass in second Division (where Division is not awarded by the examining body, pass with 50% marks) in Higher Secondary Examination or (10+2) of (10+2+3) pattern or intermediate or Pre -University or 11th Standard of (11+3) pattern of a statutory Board or equivalent. (c) pass in first Division (where Division is not awarded by the examining body, pass with 60% marks) in Matriculation or SSC (old pattern) or SSLC or 10th Standard or (1.0+2+3) pattern of a statutory Board or equivalent. Note: Relaxation for SC/ST: (i) Pass in Higher Secondary examination (10+2) of (10+2+3) pattern/11th Standard examination of (11+3) pattern/Intermediate/Pre -University or pass -in 2nd Division (where Division is not awarded by the examining body, pass with 50% marks) in Matriculation/SSC (old pattern)/SSLC/10th Standard of (10+2+3) pattern of a statutory Board or equivalent. (ii) Members of subordinate staff who have passed SSLC or Matriculation but do not come under category (i.) above shall be eligible for promotion after they have completed two years service after passing SSLC or equivalent examination. (iii) Non -matriculate subordinate staff with a minimum of seven years continuous service shall be eligible for promotion through a selection process comprising written test, interview and service seniority. Marks on these three heads shall be distributed in the following manner. a) Written Test (There will be 125 marks (Pass marks one paper of 125 marks in written test - For Arithmetic, English and General candidates 35%. General Knowledge, model For SC/ST candidates questions/syllabus to be 30%). published before test). b) Interview 35 marks. c) Service 40 marks (4 marks for each completed year of service. 4.7. For selection to the posts of Clerk -cum -Typists apart from the conditions set out in para -16 above, there shall be a test in English Typewriting, requiring a speed of not less than thirty words per minutes. 4.8. The total vacancies in a region for subordinate staff promotion (as per para 4.5 above) would be distributed at the rate of one third, over each of the three channels of promotion (as per para 4.6 above). However, unfilled vacancies in one particular channel in a region can be filled up by the eligible candidates of the other channels within the said region. But, there would be no carry over of the vacancies for one war to the other and vacancies remaining unfilled in a year will remain unfilled or it may be filed up by BSRB candidates.