- (1.) The precise nature and character of the concession provided to Schedule Castes and Scheduled Tribes in the matter of promotions within Class-I in the service of the public section banks falls for consideration in this batch of writ petitions. The writ petitions are filed by Associations of Schedule Castes' and Scheduled Tribes' employees working in several public sector banks. The relief's sought for in all these writ petitions are broadly, identical. For the sake of conveninece, we may refer to the relief's sought for in Writ Petition (C)No. 896 of 1990 filed by the National Federation of State Bank of India Schedule Casts/Scheduled Tribes employees. They are (a) to issue a writ of mandamus directing the respondent (State Bank of India) to implement the 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 consequential 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, up to Scale-VII, without following the principle of reservation; (d) to grant promotion to schedule Castes/Schedule Tribes employees/ officers with retrospective effect with consequential benefits of salaries and allowances; and (e) to carry out the aforesaid within a prescribed time frame.
(2.) For a proper appreciation of the issues arising herein, it is necessary to refer to the orders issued by the Government of India on the subject of concessions to Scheduled Castes/Scheduled Tribes employees in the matter of promotions within Class-I Service (which are to be filled by promotion) from time to time. Though the question that ultimately falls for consideration lies in a short compass, a reference to those orders and to decisions of this Court on the subject has become necessary.
(3.) By Officer Memorandum No. 1/10/61-Estt. (D) dated November 8, 1963 issued by the Ministry of Home Affairs, reservation at 121/2 percent and five percent 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 competitive examinations limited to departmental candidates, in grade or services to which there was no direct recruitment. The Memorandum stated that there would be no reservation for Schedule Castes/ Scheduled Tribes in appointments made by promotion to a Class-II or to a higher service or post, irrespective of the method of appointment. The aforesaid policy was revised and fresh orders issued in Office Memorandum No. 1/12/67-Estt. (C) dated 11th July, 1968 issued by the Ministry of Home Affairs. This Memorandum provided for several matters of which it is necessary to notice only the provision made under "(B) promotion by selection method; (a) Class-I and II appointment." It provided that in promotion by selection inter alia Class-II to the lowest rung or category in Class-I, the procedure prescribed therein shall be allowed, viz., (i) in the case of eligible Schedule Castes and Scheduled Tribes candidates, the grading given to them shall be upgraded by one stage. This concession shall, however, be confined to only twenty five percent of the total vacancies in a particular grade or post filled in a year; (ii) "Those Scheduled Castes/Scheduled Tribes employees who are senior enough in the zone of consideration so as to be within the number of vacancies for which the Select list has to be drawn, should be included in the Select List , if they are not considered unfit for promotion and should also be given one grading higher than the grading otherwise assignable to them on the basis of their record of service and their place in the Select List determined on the basis of this higher categorisation.";