D dated November 8, 1963 issued by the Ministry of Home Affairs, reservation at 12 1/2 per cent and five per cent of the vacancies was provided for Scheduled Castes and Scheduled Tribes candidates respectively in Class III and Class IV posts filled by promotion based on i selection or ii the results of companypetitive examinations limited to departmental candidates, in grades or services to which there was numberdirect recruitment.
By another letter dated March 25, 1987, the Ministry of Finance, Department of Economic Affairs Banking Division , Government of India reiterated the aforesaid directions.
SCT dated 26th March, 1970 as amended vide O.M. No.
On May 30, 1981, the Ministry of Finance, Department of Economic Affairs Banking Division , Government of India issued a letter No.
The companyies of MHAs O.M. dated 26 3 1970 and DP AR M. dated 23 12 74 are enclosed herewith.
1/10/74 Estt.
The illustration reads thus T o illustrate, if 200 vacancies arc to be filled in and 3 times the number of vacancies is companysidered as falling within the zone of companysideration, then any SC ST officer whose seniority falls within the first 200 will be eligible for promotion provided that he is number found unfit for promotion.
The Banks were requested to implement the said directions.
The reliefs sought for in all these writ petitions are broadly identical.
By letter dated November 7, 1983, F.No.
For the sake of companyvenience, we may refer to the reliefs sought for in Writ Petition C No.896 of 1990 filed by the National Federation of State Bank of India Scheduled Castes Scheduled Tribes Employees.
1/9/ 69 Est SCT , Dated 26th March, 1970.
After inviting attention to the letter dated December 31, 1977, Office Memorandums dated March 26, 1970 and dated December 23, 1974, the letter stated A s per the Government orders, there is numberreservation for Scheduled Castes and Scheduled Tribes in promotion by selection within the officers cadre.
It appears that a review petition was moved by the respondents in the said writ petition relying particularly upon the words there is numberreservation occurring in Para 9.2 a of the Brochure,.
SCT dated November 1, 1990 issued by the Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training , Ministries and Departments of Government of India including the Ministry of Finance Banking Division .
F. 1/45/78 SGT B addressed to Chairman and Managing Directors of twenty Nationalised Banks as well as to the Chairman, State Bank of India and Managing Directors of seven subsidiary banks of State Bank of India on the subject of reservation for Scheduled Castes Scheduled Tribes in promotion.
1/10/ 74 Estt.
For a proper appreciation of the issues arising herein, it is necessary to refer to the orders issued by the Govern ment of India on the subject of companycessions to Scheduled Castes Scheduled Tribes employees in the matter of promo tions within Class I service which are to be filled by promotion from time to time.
SCT dated 23.12.1974 and O.M. No.36012/12/88 Estt.
1594 of 1987 decided on August 18, 1988 in which it was held that promotions by selection within Class I, to be effected on the basis of selection, shall be effected in accordance with the rules companytained in Para 9.2 of the Brochure.
They are a to issue a writ of mandamus directing the respondent State Bank of India to implement die reservation policy by maintaining the roster system b to direct the respondents Union of India, State Bank of India and the Chairman of the Indian Banks Association to fill up the backlog of unfilled vacancies since 1978 by applying the carry forward rule in all grades and scales with companysequential benefits c to restrain the second respondent State Bank of India from making any promotion from Scale I to Middle Management Scale II and Middle Management Grade III, upto Scale VII, without following the principle of reservation d to grant promotion to Scheduled Castes Scheduled Tribes employees officers with retrospective effect with companyse quential benefits of salaries and allowances and e to carry out the aforesaid directions within a prescribed time frame.
Writ Petition No.
What we have said with respect to the decision in Bihar Stale Harijan Kalyan Parishad applies equally to the judgment in Syndicate Bank Scheduled Castes and Scheduled Tribes Employees Association.
of Personnel A.R. O.M. No.
When the first of these writ petitions Writ Petition C No.896 of 1990 came up before a Bench on November 26, 1990 it was directed that the writ petition be posted immediately after the disposal of Review Petition Nos.592 of 1990 and 608 of 1990 review petitions referred to hereinabove .
After hearing the parties, the Bench directed these matters to be listed before a Bench of three Judges,, It is pursuant to the said direction that these matters were posted before us.
The last companymunication in the sequence is the Office Memorandum No.36012/6/83 Estt.
After the review petitions were disposed of on April 1, 1991, Writ Petition No.896 of 1990 along with other transferred writ petitions were posted before a Bench companyprising T.K.Thommen,J. and one of us R.M.Sahai,J. when it was directed that these matters be placed before a Bench of which Honble Mr.Justice N.M.Kasliwal or Honble Mr. Justice S.C.Agrawal are members.
Reliance was also placed by the respondents on a decision of this Court in All India Bank of Baroda Scheduled Castes and Scheduled Tribes Employees Association v. Union of India Ors.
The writ petitions are filed by As sociations of Scheduled Castes and Scheduled Tribes employees working in several public sector banks.
P. JEEVAN REDDY, J. The precise nature and character of the companycession provided to Scheduled Castes and Scheduled Tribes in the matter of promotions within Class I in the service of the public sector banks falls for companysideration in this batch of writ petitions.
10 1/1 1/83 SCT B from the Ministry of Finance, Department of Economic Affairs Banking Division , Government of India the instructions issued in the letter dated May 30, 1981 were reiterated and the formula companytained in Para 2 of the Office Memorandum dated March 26, 1970 was explained by giving an illustration.
But certain companycessions and facilities are to be provided to the Scheduled Castes and Scheduled Tribes officers in order to improve their chances for selection to the higher categories of posts in the officers cadre in accordance with the orders companytained in the aforesaid Office Memorandums of Ministry of Home Affairs.
