PUNJAB NATIONAL BANK Vs. PUNJAB NATIONAL BANK SCHEDULED CASTE SCHEDULED TRIBES EMPLOYEES WELFARE ASSOCIATION REGD

JUDGEMENT

(1.) Both these appeals are directed against the common judgment of a learned Single Judge dated 11/7/1990 whereby writ to mandamus was issued to the appellanrespondent No.1 and Union of India to make reservation with regard to all the posts in MMG II arising after 25th March 1981 till 4th July 1987, fill the posts in accordance with the policy of 25th March 1981 and also to amend the policy of 22nd February 1988 so as to provide for reservation when promotions are to be made according to channel 1, namely, in respect of 60% of the vacancies arising in MMG II and such posts be filled in the manner indicated in the Office Memorandum of 27th November 1972 on the basis of 40 point roster.

(2.) C.W. 919/87 was filed, inter alia, alleging that Punjab National Bank (Scheduled Castes/Scheduled Tribes) Employees Welfare Association (Regd.) is a registered Association of Scheduled Castes and Scheduled Tribes employees working in the Punjab National Bank. In consonance with the Govt. of India, Department of Personnel O.M. No. 27/2/71 - Estt. (SCT) dated 27/11/1972 and O.M. No. 36021/7/75 - Estt. (SCT) dated 25/2/1976 which provide for reservation policy in promotion on the basis of seniority subject to fitness of the employees belonging to SC/ST, the respondent No.1/appellant framed revised policy as contained in Personnel Division circular no. 568 dated 25th 1981 (in short 'policy of 1981'). According to this policy, for promotion of officers from JMG I to MMG II, two procedures are prescribed - (i) through selectivity and (ii) through seniority. Procedure for promotion by way of selectivity involves written test, interview, performance, educational qualifications and branch experience. Procedure for promotion by seniority provides that the eligible candidates will be called for interview in order of seniority provided that the number of candidates will not exceed three times the number of anticipated vacancies in a calendar year. It further provides that there will be 45 marks for performance, 30 marks for interview, 15 marks for educational qualification, 10 marks each for seniority and additional branch experience. Reservation of 15% for Schedules Castes and 7-1/2% for Scheduled Tribes candidates is further provided under the policy for promotion from JMG I to MMG II based on seniority. It is stated that after the policy of 1981 came into existence, bank has carried the promotion through seniority process only. First selection for promotion from JMG I to MMG II was made in May/June 1981. Second selection was held in October 1982 while the third selection in January 1983. Fourth selection was made in April 1983 while fifth selection took place in July/August 1983. Sixth selection was held in August/September 1984 while seventh selection in November 1981. Last selection was made in September/October 1986. It is claimed that in none of these selections respondent No.1/appellant implemented the reservation policy for SC/ST candidates. Action on the part of respondent No.1/appellant in not following the policy for reservation is arbitrary, unlawful and in violation of the constitutional guarantees for SCs/STs. It was prayed that by issue of writ of mandamus respondent No.1/appellant be directed to implement the scheme of reservation as contained in the policy of 1981 for promoting SC/ST officers from JMG I to MMG II. Consequential reliefs have further been claimed.

(3.) Respondent No.1/appellant contested the petition by filing reply affidavit. It is alleged that as a matter of fact after the scheme of reservation of 25th March 1981 had been made, it never became effective in view of the fact that in about two months time on 30th May 1981 the Govt. guidelines regarding reservation were notified and those alone governed and held the field and were given effect to. Said policy of 1981 was formally superseded by the Board of Directors of the Bank on 4th July 1987. It is further alleged that regulation No.17 of the Punjab National Bank (Officers) Service Regulations 1979, which has the statutory force, requires the promotion to all grades of officers to be made in accordance with the policy laid down by the Board from time to time having regard to guidelines of the Govt., if any. It is claimed that the policy of 1981 did not provide for promotion solely on the basis of seniority subject to fitness. Action of respondent No.1 in not having provided reservation to SC/ST candidates has since been ratified by the Board and the portion of the said policy which provides for reservation of SC/ST candidates in the matter of promotion from one cadre to another stands deleted from the policy itself. It is denied that after the policy of 1981 came into force, respondent No.1 carried the promotions only through the process of seniority, as alleged.