the bank was maintaining rosters for only such category of posts to which the reservations were being applied by the bank.
10/24/75 SCT B dated 31.12.1977 Ministry of Home Affairs O.M. No.
The officers promoted as a companysequence of our order will be entitled to be paid salary and allowances from the respective dates with effect from which they should have been promoted.
1/10/ 74 Esstt SCT dated 23.12.1974 to all Ministries on.
The bank was immediately advised to maintain rosters even for these promotions within the Officers cadre and to provide for reservations for the SCs STs.
1/9/69 Esstt SCT dated 26.3.1970 and Department of Personnel and Admin istrative Reforms O.M. No.
Subsequently Department of Personnel and Administrative Reforms also issued an O.M. No.
the same lines as companytained in the earlier O.M. issued by the Ministry of Home Affairs dated 26th March, 1970.
The peti tioners thereafter made frantic efforts and also submitted representations but numberrelief was granted to the petition ers.
Rajinder Sachar, K.R. Nagaraja, P.K. Rao, R.S. Hegde, A. Babu and R. Rajappa for the Petitioners.
1986 and had got further clarifications from the bank of the subject.
After the above decision of the Supreme Court which applied in all force to the case of the present petitioners, a meeting took place between the representatives of Syndi cate Bank SC ST employees Association and the Management of Syndicate Bank on 16th and 17th April, 1986.
In identical circumstances the Ministry of Steel and Mines in a letter dated April 8, 1982 addressed to the Chairman of the Steel Authority of India Limited and letter dated August 19, 1982 from the Steel Authority of India to the Chief Person nel Manager Bokaro Steel Plant took the view that the Sched uled Castes and Scheduled Tribes personnel were number entitled to the benefit of reservation in the matter of promotion of selection posts within Group A. The Bihar State Harijan Kalyan Parishad came before this Court by special leave challenging the above view taken by the Steel Authority of India and the Union of India.
3637/86 was also filed in view of a misunderstanding of the above Judgment by the Authorities.
the date of the directive.
Paragraph 2 of the Presidential Directive should be strictly adhered to and effect shall be given on the basis of scales of pay that obtained prior to 1975 as mentioned in that paragraph.
The Government of India, Ministry of Finance, Department of Economic Affairs Banking Division issued a Circular dated 30th May, 1981 addressed to all the 26 Nationalised Banks existing at that time in the matter of reservation for Scheduled Castes and Scheduled Tribes in respect of promo tion.
it did number companysider maintenance of rosters necessary.
N. Bhat, Vijay K. Verma and Ms. Madhu Moolchandani for the Respondents.
In the aforesaid letter after making a reference to the Departments letter D.O. No.
Later on by a D.O. Letter No.
However, the reservation policy was extended to the banking industry initially in the year 1972, but that re mained restricted in respect of appointments made by direct recruitment only.
ORIGINAL JURISDICTION Writ Petition No.
All the policy decisions and major internal administration are regulated and governed by and under Rules issued by the Central Government from time to time.
In order to implement the principles enshrined in the Constitution of India grant ing benefit to members belonging to Scheduled Castes and Scheduled Tribes, the Central Government evolved the companycept of quota system in the ratio of 15 and 7 1/2 reservation for Scheduled Castes and Scheduled Tribes re spectively both at the time of recruitment as well as at the time of promotions in all Government organisations.
847 of 1987.
The Judgment of the Court was delivered by KASLIWAL, J. This Petition under Article 32 of the Constitution of India has been filed by the Syndicate Bank Scheduled Castes and Scheduled Tribes Employees Association representing the interest of Scheduled Castes and Scheduled Tribes Employees of the Syndicate Bank all over India as well as by three other Assistant Managers of the Syndicate Bank.
It has been further alleged by the Petitioners that 14 leading banks of the companyntry were nationalised in the year 1969 and the Government ought to have extended the said policy of reservation in the banking sector also w.e.f.
The companyrt bus quashed the List dated April 8, 1982 and August 19, 1982 and directed the respondents to give effect to paragraph 9 of the Presidential directive w.e.f.
The case as set up in the petition is that Group A Officers posts which are Class I posts companytain different grades called Junior Management Grade Scale I, Middle Man agement Grade Scale II, Middle Management Grade Scale III and like this upto Grade Scale VII.
This companyrt in Bihar State Harijan Kalyan Parishad v. Union of India Ors.,
The criteria for promo tions from Junior Management Grade Scale I to Middle Manage ment Grade Scale II and so on is based on a promotion policy dated 17.9.1985 flamed in this regard by the Bank.
Under Article 32 of the Constitution of India .
Since as per the Brochure on reservations for SCs STs are available in promotions within the officers cadre only if they are based on seniority, and the bank companysidered the method of promotions followed by it as one based on selection.
According to the petitioners the Syndicate Bank is a Nationalised Bank owned and companytrolled by the Central Government.
342 answered on 5th August.
It was further stated in the above letter as fol lows In respect of promotions.
The bank has accepted its mistake and has already agreed to provide for reservations and also to calculate the backlog from 1978 when the reser vations in promotions were first introduced in the banks.
During the companyrse of discussions between the officials of the bank and Banking Division, it was revealed that the procedure followed by the bank for effecting promotions within the officers cadre was the one falling within the categorisation of seniority.
Subsequently a Miscellaneous Petition No.
In the afore said meeting the representatives of the management were fully companyvinced with the stand taken by the representatives of Syndicate Bank SC and ST employees Association and after agreeing in principle, they assured to take up the matter very strongly again with the Government of India, Ministry of Finance Banking Division for their approval.
The Court by order dated 21st January, 1987 deciding the above miscellaneous petition and made the following observations We wish to clarify the position by stating that the Sched uled Castes Scheduled Tribes Officers who are senior enough to be within zone of companysideration for promotion should be included in the Select List against the vacancies available to the members of Scheduled Castes Scheduled Tribes accord ing to the rosters, provided they are number companysidered unfit for promotion.
