BINDU Vs. STATE BANK OF TRAVANCORE

JUDGEMENT

(1.) The petitioners are working in the clerical cadre of the first respondent Bank. Promotions to the post of Junior Manager Grade Scale - I (hereinafter referred to as the JMGS - I) in the Bank are governed by the various provisions contained in Exhibit P - 1 promotion policy. The employees who have completed 8 years of service but are not above 55 years of age are included in Group A to which petitioners l to 3 belong. Promotions from this group to the JMGS - I are effected on the basis of the result of the written test and interview. The employees who have completed 4 years of service but are not above 35 years of age are included to Group B to which petitioners 4 and 5 belong. Promotions from these groups are effected by conducting a written test and interview. In 1996 vacancies were notified by the first respondent Bank for promotion to the post of JMGS - I. Petitioners 1 to 3 appeared for the written test and came out successful. They were also interviewed and became eligible to be appointed to the management cadre. 80% of the vacancies in the cadre of JMGS - I is earmarked for in - service candidates and 20% by direct recruitment. Out of the above vacancies 22.5% is reserved for SC / ST candidates. According to the promotion policy, if there are no sufficient SC / ST candidates to fill up those vacancies in a particular year the said vacancies should be de - reserved and should be carried forward the next recruitment year. According to the petitioners, in 1995 there were 27 vacancies reserved for SC / ST candidates in Group A which could not be filled up due to dearth of eligible candidates. Similarly in Group B also 9 vacancies could not be filled up for want of eligible SC / ST candidates. There were 26 vacancies in 1996 which also could not be filled up for want of eligible candidates from SC / ST. Therefore, the petitioner request in this Original Petition is to de - reserve the 26 reserved vacancies in the post of JMGS - I which arose in 1996 and carry forward the same to the succeeding year 1997 and to fill up the above vacancies by promoting general merit candidates. The further prayer is to de - reserve the 35 vacancies reserved for SC / ST candidates which arose in 1997 and to carry forward the same to 1998 for the purpose of filling up general merit candidates.

(2.) A counter affidavit has been filed on behalf of the respondents. Along with the counter affidavit Ext. Rl(a), office memorandum dated 8.2.1991 of the Government of India has been produced. According to Ext. Rl(a), if no suitable reserved candidate is available, it is open to the appointing authority to keep the post vacant or to dereserve the reserved vacancy and fill up the same by appointing a general candidate. In respect of the reserved vacancies, the Bank has not taken any decision to de - reserve the vacancies. Therefore, the reserved vacancies are kept vacant to be filed Up by special promotion process. The Bank proposes to conduct a special eligibility test for the in - service candidates who belong to SC / ST. It is further contended that the petitioners have no manner of right or entitlement to claim that they should be appointed to the posts specifically reserved for SC / ST candidates.

(3.) Sri. N. Nandakumara Menon, learned counsel for the petitioners submitted that he Bank was legally bound and has statutory duty to follow the principle of dereservation laid down in Ext. P - 2 rules framed by the Government of India. In the matter of promotion to the post of JMGS - I it is further contended that the petitioners, who have come out successful both in the written test and in the interview are losing their legitimate right for promotion to the post of JMGS - I due to the inaction of the first respondent in not de - reserving the reserved vacancies and in not carrying forward the same to the succeeding year.