A K SHAH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THIS Rule, issued on an application under Art. 226 of the Constitution of India, has been referred to the Division Bench for disposal 5 under Chapter II, Rule 1 of the Appellate side Rules, as it appeared to the learned judge that it involved substantial question of law relating to the interpretation of the constitution.

(2.) THE petitioners in the Rule are the children of either existing or retired employees of Central Bank of India (hereinafter referred to as the Bank), which is a Banking Company acquired under the provisions of the Banking Companies (Acquisition and transfer of Undertakings) Act, 1970 (hereinafter referred to as the Act ). On May 6, 1968 the erstwhile management of the bank issued a circular introducing a recruitment policy in respect of appointment of clerks and other subordinate staff; and prescribed the age and educational qualifications for such appointments. In the case of the children of the employees of the bank who had put in 15 years of completed service, those qualifications were relaxed and certain percentage of posts was reserved. By virtue of S. 19 (3) of the Act, the above recruitment policy continued to remain in force. On or about December 11, 1974 the Zonal Manager ("eastern; of the Bank issued a circular to all offices in calcutta Metropolitan area calling for applications from the children of the employees of the Bank to fill up 25% vacancies in clerical cadre in terms of the said recruitment policy. The petitioners claiming to be entitled to the concessions afforded under the above mentioned circular, applied for the posts and sat for the written test. On their success. In the written tests and the interviews that followed they were empanelled along with others in June-July, 1975 for prospective appointments in offices in Calcutta region of the Bank as and when vacancies arose.

(3.) WHILE they were waiting for their appointment the Assistant General Manager of the Bank, the respondent No. 3 herein, issued a circular on April 10, 1976 to all offices of the Bank advising that the children of the employees would not have any claim to reservation of vacancies or to any concessions in the general norms and qualifications for recruitment to any cadre in the Bank ; and such candidates would be treated on par with any other candidate, as any preference shown to candidates on the ground that they were children of the employees of the Bank would be violative of Art. 16 of the Constitution of India. It was also specifically stated in the circular that those sons/daughters of employees who might have been included in the waiting list of successful candidates only as a result of concessions shown to them would be excluded from the list and would not be eligible for appointment. This was followed by another circular dated October 18, 1976 issued by the Assistant General Manager to all Zonal Divisional Office of the Bank seeking certain information pursuant to the earlier circular. Thereafter the Bank published an advertisement in the daily newspaper (The Statesman) dated July 3, 1977 inviting applications for appointment to the posts of clerks and other subordinate staff and held a recruitment test on October 16, 1977 without providing reservation for and any concession to the children of the employees of the Bank.