STATE BANK OF INDIA Vs. NAND RAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27. 2. 92, passed by the learned Single Judge, by which the learned Single Judge allowed the writ petition filed by the petitioner and directed the respondents to declare the result of the writ petitioner within a periof of one month from the date of the order and if he dears the written test then he may be granted promotion/appointment in the Clerical Cadre on the basis of the merit list prepared by the Bank and if he is found entitled for appointment from the date when the person junior to him was promoted then he may be promoted from that date the learned Single Judge further directed the respondents to provide the petitioner the consequential benefits within three months from the date of decision.

(2.) MR. Nand Ram, the writ petitioner, who is a member of Scheduled Caste, joined the services of State Bank of India, Agricultural Development Branch, Raisinghnagar, on 29-3-82, as a Messanger (Class IV employee ). After joining the services, he passed Prathma Examination from Hindi Sahitiya Sammellan, Allahabad, in the year 1982. According to the pelilioner, vide letter dated 15. 3. 84, the Prathma Examination was recognised as equivalent to Matriculation by the Regional Manager of the Bank and an entry to this effect was made in the Service Record of the petitioner, which is clear from Annexure, III and Annexure, IV. The petitioner thereafter appeared in the Clerical Cadre Examination held by the Bank on 23. 10. 88 and the result of the writen test was declared in the month of January,1989, but the result of the petitioner was withheld. On enquiry, the Central Office, by its letter dated 6. 2. 89 informed the Branch Manager that the question of promotion of the persons having qualification of Prathma to the Clerical cadre for the year 1988, is pending consideration before the Central Office and the necessary decision will be conveyed as and when the matter is finalised. As the result of the petitioner was not declared, he filed the aforesaid writ petition.

(3.) THE first contention, raised by the learned counsel for the appellant is that the respondent-petitioner was having the Certificate of Prathma Examination only, which was never treated as equivalent to Matriculation and as he was not possessing the necessary qualification for promotion to the Clerical Cadre, therefore, his result was not declared and he cannot be promoted to that cadre for want of requisite qualification. Chapter XXII of the Reference Book on Staff Matters deals with the promotion of Subordinate Staff to the Clerical Cadre. Clause (i) of Chapter XXII provides that a written test will be held for the members of the subordinate staff, who fulfil the eligibility criteria for promotion to the clerical cadre. THE eligibility criteria laid down by these Rules: are (i) five years service as on 1st August in permanent capacity; and (ii) passed in S. S. C. /matriculation or equivalent examination as on 1st January. Those employees who have passed S. S. C examination from a recognised Board or University without English were eligible to appear in the test as their proficiency in English may be judged in the proposed test being held. THE Bank, also, started a Scheme to give incentive to its employees to acquire knowledge of Hindi. THE scheme known as "incentive Scheme for passing recognised Examination of Hindi" for its permanent full-time employees provides that the employees, who passed the recognised examination in Hindi, will be paid honararium as specified in sub-para (4) and under that Scheme, for the grant of honararium, Prathma examination of Hindi Sahitiya Sammellan, Prayag, Allahabad, has been treated as equivalent to Hindi Standard in 'matriculation only. Thus, only a limited recognition of equivalence to Hindi Standard has been given to Prathma examination and not as full-fledged Matriculation.