The Special leave petition is disposed of accordingly.
It has also been stated that the Management recruited 290 officers to Junior Management Grade Scale I .
The Bank, however, tried to companyfuse the actual number of vacancies available in 1982 1983 for being filled up by the direct recruits and the promotees and as such it is number necessary to refer to the other portions of the affidavit.
It has been expressly stated in the said affidavit that according to the settlement arrived at between the parties hence forth the vacancies in the Junior Management Grade Scale I would be filled up in the following ratio 75 by internal promotion and 25 by direct recruitment.
A Special Leave Petition No.
It has also been stated that in view of the orders of this Court, the petitioners are entitled to be promoted against the vacancies which were in existence on February 10, 1986.
According to the quota, the Bank companyld recruit 290 candidates only if there were 870 vacancies.
The petitioners filed a writ petition before the High Court of Punjab Haryana for quashing the promotion of respondent Nos.
Therefore, they moved the High Court.
25 by direct recruitment.
An affidavit in companynter has been filed on behalf of respondent Nos.
The Bank sent a reply to the representation denying the existence of vacancies and companytending that the settlement is prospective in application.
1, sworn by Manjit Singh, Chief Manager Personnel was filed.
At that time the petitioners who were number empanelled were entitled to be promoted to half the number of vacancies and the remaining half of the vacancies were to be filled up by direct recruitment.
This had been done in order to companyfuse the issue and to prevent the Court to have the actual picture about the available vacancies at the relevant time.
An affidavit in reply sworn by Paramjeet Singh, one of the petitioners has been filed.
3 to 22 and for directing respondent Nos.
A settlement was reached and the management agreed to declare the results by February 28, 1983.
As the quota meant for direct recruitment is only 25 the 290 vacancies companyld be filed up by direct recruitment only if there were 870 vacancies available as 75 of the vacancies are meant for promotees.
The life of the panel was extended by three and a half month i.e. upto December 31, 1983 and 34 more candidates were promoted out of the panel.
Thus, the Bank encroached upon the petitioners right to be promoted against 75 of the vacancies by direct recruitment against the vacancies meant for internally promoted candidates.
1 and 2 to promote the petitioners and respondent Nos.
The Banking Service Recruitment Board by a letter dated November 11, 1982 forwarded to the Bank a list of 290 officers who were selected by the Board for recruitment in the respondent Bank.
On September 22, 1987 an order was by this Court whereby the Bank was directed to file a further affidavit giving detailed particulars of the manner in which it seeks to implement the terms of the settlement dated January 31, 1983 laying down the mode of filling up the posts in the cadre of Junior Management Grade Scale I .
Ultimately, a meeting was held on January 31, 1983 between the management of the Bank and the respondentatives of the All India Punjab Sind Bank Employees Federation.
The respondent Bank, however, did number declare the result till the end of January, 1983 and as a result numberpanel was formed till January, 1983 according to the provisions of the said circular.
According to the circular, this panel was to remain in force for a period of six months i.e. the life of the panel would expire on September 17, 1983.
The said writ petition was dismissed by the High Court by its judgment and order dated 31st August, 1984.
1 and 2 by Manjit Singh, Chief Manager Personnel of respondent No.
32750 of 1986 in Special Leave Petition No.
this Court by order dated February 10, 1986 made the following order In view of the averment made in paragraph 3 of the companynter affidavit field on behalf of the Punjab and Sind Bank Ltd., admitting the existence of the settlement dated January 31, 1983 the Bank has accepted the principle of maintaining the ratio as between the promotees and direct recruits in the matter of promotion to the Joint Management Cadre, Scale I, learned Counsel for the petitioners does number press the other points.
23 to 40 to Junior Management Grade Scale I .
Pursuant to the said settlement the Bank drew up a panel of 603 candidates on March 18, 1983.
There was also a further prayer for a direction on the bank number to hold any test for promotion of clerks to officer cadre till all the applicants are promoted.
The relevant portion of the settlement is mentioned hereunder After discussions at length it was agreed that hence forth vacancies of officers cadre in JMGC I will be filled in as under 75 by internal promotions.
In para 1 of the said affidavit it has been stated that the Bank had determined that the man power requirement in the officer cadre for the years 1982 and 1983 would be 556 officers.
Out of these, 50 i.e. 278 posts had to be filled up through internal promotion while 278 were to be recruited from outside through the Banking Service Recruitment Board.
However, the delay in empanelling the successful candidates and the meagre number of vacancies reserved for promotees gave rise to discontentment among the clerical staff of the Bank.
13708 of 1984 praying for a direction on the respondent Bank to promote the petitioners to the Junior Management Grade Scale 1 immediately.
The Bank though filed an affidavit through its Senior Manager Personnel , Tejinder Singh did number make a clear statement as to what are the available vacancies on the relevant date to be filled up according to the quota envisaged in the settlement made between the parties in January, 1983.
13708 of 1984 was filed by the petitioners in this Court against the said judgment and order.
The Bank promoted 284 candidates out of the panel to the post of Junior Management Grade Scale I during the life time of the panel.
It has been denied that the petitioners were number promoted for lack of vacancies in 1982 1983.
The petitioners thereafter made the instant application for the necessary direction as stated hereinbefore.
The Bank also recruited 290 candidates to the Junior Management Grade Scale I which is much in excess of the quota for direct recruitment i.e. 25 of the total vacancies.
It has further been stated in para 2 of the said affidavit that the Bank had, however, recruited 290 officers through the Banking Service Recruitment Board instead of the actual requirement of 278.
The bank further stated that it has numberretrospective effect.
The Bank did number abide by the statement made by them in this Court and as such the petitioners submitted a joint representation on March 24, 1986 exhorting the Bank to promote the petitioners.
The petitioners who were in the panel were number promoted.
It has also been stated in the said affidavit that the criteria of 75 from internal promotion and 25 by direct recruitment was applicable to the future vacancies on promotion and number to the cases in which process for selection from outside and promotion within the internal candidates had already been finalised.
Ray, J. The petitioners who are employees of the Punjab Sind Bank being employed as Clerks made the aforesaid application No.
