PUNJAB NATIONAL BANK (SCHEDULED CASTE SCHEDULED TRIBES) EMPLOYEES WELFARE ASSOCIATION (REGD.) Vs. PUNJAB NATIONAL BANK & ORS.

JUDGEMENT

(1.) The challenge in these two writ petitions is to the non reservation of vacancies to the posts in Middle Management Grade II under the respondent-Bank.

(2.) Briefly stated, the facts are that the petitioner is an Association representing the interests of Scheduled Caste and Schedule Tribes. It has averred in the Writ petitions that the petition has been filed in representative capacity.

(3.) According to the petitioner, some of its members are surviving in the posts known as Junior Management Grade I. From this post promotions are made to Middle Management Grade II. According to the respondents, both the categories of posts, namely. JMG 1 and MMG II fall under category A, though according to the petitioner the post of JMG 1 is in category B while of MMG II is in cat'gory A. The grievance of the petitioner is that according to the various guidelines and circulars issued by the Government of India, reservation has to be provided for Scheduled Caste and Scheduled Tribes candidates when there is promotion from posts in Class B to Class A and even within Class A when promotions are made on the basis of seniority-cum-fitness. In other words, whereas promotion from Class B to Class A can be made after providing for r reservation for Scheduled Caste and Schedule Tribes even if the promotions are made on the basis of selection on merit but promotion to various posts in Class A itself does not envisage reservation being made if the promotion from one post to the other is made on the basis of selection or on merit.