LAWS(MAD)-2008-8-296

ALL INDIA SYNDICATE BANK SCHEDULED CASTE AND SCHEDULED TRIBES EMPLOYEES WELFARE ASSOCIATION Vs. CHAIRMAN AND MANAGING DIRECTOR SYNDICATE BANK

Decided On August 11, 2008
ALL INDIA SYNDICATE BANK SCHEDULED CASTE AND SCHEDULED TRIBES EMPLOYEES WELFARE ASSOCIATION, Appellant
V/S
CHAIRMAN AND MANAGING DIRECTOR, SYNDICATE BANK Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsels appearing on behalf of the respondents.

(2.) IT is stated that the petitioner Association had been started for the Welfare and protection of the interests of the Schedule Caste and Schedule Tribe employees in the Syndicate Bank. The petitioner Association is a registered Association with Registration No.S/16520. IT is further stated that the Central Government had evolved a quota system of reservation in the ratio of 15% and 7.5% for the Schedule Caste and Schedule Tribe candidates, respectively, at the time of recruitment and at the time of promotions in Government organizations. The second respondent had issued a circular relating to the promotions from Clerical to Officers cadre in JMGS-I, in Circular No.015-2001-BC-HRD, dated 24.1.2001, in order to conduct a departmental examination for promotion of Clerical cadre Personnel to the Officer cadre. The impugned circular gives various particulars with reference to the promotion test. However, the important information relating to the approximate number of vacancies to be filled up through the promotion test had not been given. IT has also not stated the number of vacancies earmarked for the members belonging to the Schedule Castes and the Schedule Tribes, even though it was the practice during the earlier recruitments and promotions. This has resulted in denial of equal opportunity to the aspiring candidates and it is in violation of the principles enshrined in Articles 14 and 16 of the Constitution of India.

(3.) THE learned counsel appearing on behalf of the petitioner has not been in a position to show sufficient cause or reason for this Court to interfere with the impugned circular, dated 24.1.2001, especially, when the process prescribed by the impugned circular, had been completed, as no interim order had been passed by this Court to stall the said process.