S NAGENDRA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) This batch of writ petitions raises service problem of promotion. It is enough if I state the facts in one case.

(2.) In W.P. No. 618 of 1981 it is averred in the affidavit that the petitioners are working as Grade II Officers in Union Bank of India and they are entitled to be promoted as Grade I Officers and the promotion of some of the Junior Officers in November, 1979 and July, 1980 ignoring the seniority and merit of the petitioners was illegal. It is further averred in the petition that there is no policy laid down by the bank for effecting the promotions from Grade II to Grade I Officer and without any rule of uniformity and in utter violation of seniority, merit and job responsibility and other determinative factors the promotions were made. In fact, one S. Sadasivan who ranks 165 in seniority list was promoted ignoring the merit and Seniority of the petitioners. It is averred that the present promotional policy is violative of Articles 14 and 16 of the Constitution of India and it is prayed that a suitable writ shall be issued directing the respondents to consider the case of the petitioners for promotion to the Grade I Officers with effect from the dates when their juniors were promoted and fit them into Middle Management Grade, Scale-II with consequential benefits.

(3.) The Bank filed a counter with identical contentions in all the writ petitioners. It is stated that as per Circular No. 212, dated 13/08/1970 and as per the minutes of the meeting held between the representatives of the Management and All India Union Bank Officers Federation from 7/02/1978 to 10/02/1978 at Bombay and Circular No. 2052, dated 30/03/1979, marked as Annexures I, II and III respectively in the counter affidavit of the bank, the policy of promotion was determined and it definite and according to those circulars referred to above, it was stated that two principles were followed for promotion.