RATAN A LOKHANDE Vs. BANK OF MAHARASHTRA

JUDGEMENT

(1.) WHETHER the respondent No. 1 Bank has properly given effect to the concession provided to the Scheduled Castes and Scheduled Tribes in the matter of promotion within Class I as per Government of India Office Memorandum No. 1/9/96, Estt. (Scheduled Castes) dated 26-3-1970 and Department of Personnel and A. R. Office Memorandum No. 1/1/74-Estt. (Scheduled Castes) dated 23-12-1974, is the sole question which falls for consideration is this writ petition under Article 226 of the Constitution of India. The writ petition is filed by the Association of Scheduled Castes, Scheduled Tribes and Other Backward Classes along with a Scheduled Class of employee working in the respondent No. 1 Bank. The relief sought for in this petition pertains to the promotions to Junior Management Grade Scale II and Junior Management Grade Scale III ("jmgs-II" and "jmgs III" for short ). The petitioners are seeking to issue a writ of certiorari to quash and set aside the promotions vide order dated 7th September, 1999 from JMGS-I to JMGS-II and JMGS-II to JMGS-III. The petitioners are also seeking a direction to the respondent No. 1 Bank to strictly follow the concession available to the Scheduled Castes and Scheduled Tribes and to promote the Scheduled Castes and Scheduled Tribes employees listed in Exhibits "m" and "n" to the writ petition.

(2.) FOR a proper consideration of the issues arising herein, it is necessary to refer to the Office Memorandum issued by the Government of India on the subject of concession to Scheduled Castes/scheduled Tribes employees in the matter of promotion within Class-I service. The Office Memorandum reads as under :

(3.) WE may refer to the significant features of the aforesaid Office Memorandum. They are (a) this Office Memorandum does not speak of reservation but speak of concession and facility being provided to Scheduled Castes/scheduled Tribes; (b) this concession and facilities are limited to posts within Class I which carry an ultimate salary of Rs. 2,250/- in the revised scale of pay per month or less; (c) the concession provided to Scheduled Caste/scheduled Tribes Officers is to the effect that those Scheduled Castes/scheduled Tribe Officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which a select list has been drawn up, would be included in the select list provided they are not considered unfit for promotion. It is this format which has given rise to controversy and differing interpretations by the management of the Bank on one hand and the Association of the Scheduled Castes and Scheduled Tribes on the other, (d) The position of Scheduled Castes/scheduled Tribes candidates so included in the select list would be the same as assigned to them by the Departmental Promotion Committee on the basis of their record of service and (e) for the aforesaid purpose Scheduled Castes/scheduled Tribe will not be given one grading higher than the grading otherwise assignable to them on the basis of their record of service.