SHRIVASTAVA S K Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THE petitioners herein, four in number, joined the services of the first respondent, Central Bank of India in 1974 in the agricultural wing of the bank as Assistant Agricultural Finance Officers. In 1978 they were promoted as Agricultural Finance Officers. In 1977, they were taken into the mainstream on their option and on their application, put through the selection process and promoted to the cadre of Branch Manager Scale I in which they are now working. They have filed the writ petition challenging Clauses 5. 1, 15. 2 and 15. 3 of the Promotion policy and claiming other appropriate reliefs. On behalf of the respondents, return has been filed rebutting the challenge justifying the various clauses of the Promotion policy.

(2.) ANNEXURE A is a copy of the Promotion policy. Paragraph 15 deals specifically with the Promotion policy for officers in the specialist category. Specialist Category takes in Financial Analysts, Agricultural Officers, Law Officers, Technical Officers, Income-tax Experts, Economists, Architects, Engineers, Training Officers, Management Experts, Security Officers, Publicity Experts and Hindi Officers. We are concerned in this case with the Agricultural Officers who have their own avenue of promotion in their own line outside the mainstream of management grades. Clauses 15. 2 and 15. 3 are intended to provide them additional promotional avenues after bringing them to the mainstream. According to Clause 15. 3, Agricultural Officers with three years service will be eligible to be placed as Small Branch Managers if found suitable as set out in Paragraph 6. 1 (Note 2) on their selection will join the mainstream. According to Clause 15. 4, those who do not join the mainstream will have promotional avenues in the respective field of specialisation and promotion should be effected following the principles laid down for promotion in the mainstream. Clause 15. 2 provides yet another promotional avenue for those working in specialised category. They are eligible to join the mainstream on completion of five years service. On becoming eligible, they may apply to the bank for joining the mainstream. The bank will take a decision after a committee interviews the candidates, the decision being on merits. It is made clear that there is no vested right in a specialised officer for joining the mainstream. Those who are selected will be fitted in such scale and at such stage in the scale as the management may in its discretion decide. The selection process contemplated in Clauses 15. 2 are challenged as unconstitutional.

(3.) THE writ petition does not contain any specific grounds for challenge of the selection process contained in the aforesaid clauses. Learned counsel for the petitioners contended that there is marked reluctance in inducting specialist officers in the mainstream. There is no such specified case set out in the petition nor has specific examples been given therein. By 'mainstream' is meant the main channel of employment in the managerial cadre. The bank employment consists of specialist category also. There is marked difference between the functions of the two categories of officers. Those in the managerial cadre are responsible for the entire management including the work of the officers of the specialist category. Officers of specialist category function only in the respective (sic.) field of specialisation and are subject to control of the managerial cadre. As noted in Clause 15. 4 of the Promotion policy, the persons of the specialist category have their own avenue for promotion. The purpose of Clauses 15. 4 and 15. 2 is to provide further promotional avenues to the specialists. Naturally, care must be taken to ensure that those in the mainstream are not unduly prejudiced on account of the additional avenues being opened up for specialists. The second consideration which is also important is the prevention of dilution of the managerial cadre by indiscriminate induction of specialist without experience of work in the mainstream. These two considerations fully justify the provision for a selection process in inducting Agricultural Finance Officers as Small Branch Managers under Clause 15. 3 and induction of the specialists into the mainstream under Clause 15. 2. We fail to find anything arbitrary or unreasonable in the requirement of selection process.