SURINDER SINGH BANGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment will dispose of Letters Patent Appeal No. 503 of 1989 and 490 of 1989, since the same questions of law and similar facts are involved in both these cases.

(2.) THE writ petitioners in both the cases at the relevant time were holding the post of Middle Management Grade Scale II/i in the respondent-Bank, and they had challenged the promotion of certain officials of the respondent-bank to Grade Scale II/iii in the writ petitions.

(3.) MR . Khekar, learned counsel appearing on behalf of the appellants, submitted that in terms of the instructions of 1982 issued by the Home Ministry, a candidate belonging to the Scheduled Caste/scheduled Tribes category has to be selected for promotion in case he is within the zone of consideration and has not been found unfit for promotion. He, therefore, contended that all the writ petitioners, who were within the zone of consideration and appeared before the. Selection Board, ought to have been selected for promotion to the post in Grade Scale II/iii since they were not found unfit for promotion. In support of his contention, the learned counsel placed reliance on two judgments of the Supreme Court in Bihar State Harijan Kalyan Parishad v. Union of India and Ors, A. I. R. 1985 S. C. 983, and Syndicate Bank Scheduled Castes & Scheduled Tribes Employees Association (Regd.) through its General Secretary, Shri K. S. Radlia and Ors. v. The Union of India through its Additional Secretary, Ministry of Finance (Department of Economic Affairs) Banking Division Jeevan Deep Building, New Delhi, Judgment Today 1990 (3) S. C. 468.