D.C. ROHILLA Vs. BANK OF BARODA

JUDGEMENT

(1.) This appeals seeks to challenge judgment dtd. 31/1/2006 passed by the learned Single Judge of this Court whereby the writ petition filed by the appellant was dismissed. The appellant in the writ petition prayed for direction to the respondents to comply with Circular dtd. 13/8/1986 and the Promotion Policy (Amendment) Settlement, 1988 in case of promotions of ex-servicemen re-employed in public sector banks so as to give weightage to their defence services in promotion and to declare him successful in the selection list for promotion from Clerical Cadre to Officers Cadre along with all consequential benefits from February, 1990.

(2.) The appellant was appointed as Leading Redar Mechanic No. 91614 at Vishakhapatnam, Andhra Pradesh in the year 1966 and continued to serve in the Indian Navy at various places till 1977. He was thereafter selected in Clerical Cadre in the banking services as an ex-serviceman under special quota. He was posted at Bank of Baroda, Kota on 11/3/1978 in Clerical Cadre. He was thereafter transferred to Zonal Office, Bank of Baroda, Jaipur. Later on he was designated as Head Cashier and posted at M.I. Road Branch of the Bank of Baroda at Jaipur. According to the appellant, his services were covered by Memorandum of Settlement on Promotion Policy dtd. 22/9/1977 arrived at between the Bank of Baroda and All India Bank of Baroda Employees Federation, which related to promotion of bank's employees. The aforesaid settlement laid down the promotion policy of the employees of Bank of Baroda. The said promotion policy in the form of settlement was time and again modified/amended as and when required by the parties to the settlement, which provided that for internal promotions from Clerical Cadre to Officers Cadre shall be made by the bank with weightage of 175 marks for seniority; 125 marks for qualifications and 200 marks for merit. 200 marks prescribed for merit were further divided in two parts i.e. 125 marks for written test and 75 marks for interview. Thus, the total marks were 500. Clause 6 of the aforesaid Settlement on Promotion Policy of 1977 provided that an eligible candidate will be given 12 1/2 marks (twelve and a half marks) for every completed year of service for the 14 years of his service in the Clerical Cadre and for such service of 14 years and above, he would be given 175 marks (one hundred seventy five marks). The complete years of service would be calculated as of the last day for submitting applications for promotions. The maximum number of marks for service shall not exceed 175 marks. In calculating completed year of service as of the last day for submitting applications for promotions, service of six months and above would be taken as a completed year of service. Service of less than six months shall be ignored. It further provided that the policy regarding reservation of seats for promotion to Officers/Clerical Cadre for Scheduled Castes/Scheduled Tribes/Ex-servicemen will be as may be desired by the Government under a policy guideline/directive. The Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division) vide letter/Circular dtd. 13/8/1986 clarified to the Chairmen and M.D.s of 20 Nationalised Banks including respondent Bank of Baroda that the banks may allow for the purpose of seniority in promotion to their ex-servicemen employees recruited against reserved posts in the Clerical and Subordinate Cadre, weightage for the period of service rendered by them in the armed forces in the ratio of 5:1 subject to a maximum of 2 years after they have rendered at least 3 years actual service in the banks after re-employment. This benefit was to be available to the ex-servicemen only once during their career.

(3.) Mr. Anupam Agarwal, learned counsel for the appellant argued that in view of aforesaid Circular of the Government of India dtd. 13/8/1986, the appellant was entitled to seniority of 2 years as against 11 years of services rendered by him with the armed forces in the ratio of 5:1 and accordingly in terms of Settlement on Promotion Policy dtd. 22/9/1977, he was further entitled to award of additional 25 marks (12.5 marks for each year) for aforesaid seniority of 2 years. However, the same were not awarded to the appellant despite clear cut provision. The appellant applied for promotion from Clerical Cadre to Officer Cadre in terms of Circular dtd. 2/5/1989 issued by the respondent-Bank. Marks obtained by him in written test and interview have been brought on record as Annexure-II of the writ petition, which clearly shows that he was successful in both the tests. However, he was not awarded additional 25 marks towards seniority of 2 years, which weightage was to be given to him owing to services rendered by him with armed forces, in terms of aforementioned Circular of the Government of India and the specific provision having been made in the Circular dtd. 2/5/1989. Reliance is placed on the aforesaid Circular issued by the Government of India and clause 12.3 of the Promotion Policy (Amendment) Settlement, 1988. The appellant submitted number of representations to the respondent-bank specifically pointing out aforementioned guidelines issued by the Government of India vide circular dtd. 13/8/1986 for giving weightage to the ex-servicemen, who rendered their services with armed forces but the same was of no avail. Learned Single Judge has erred in law in holding that the appellant was not able to reach the cut off marks as per the criteria devised for determining the merit and therefore he could not be given promotion. Learned Single Judge has further erred in law in holding that Circular of the Government of India dtd. 13/8/1986 does not apply to the case of the appellant in view of the subsequent amendment arrived at between the parties vide Settlement dtd. 2/3/1988.