Ray, J. - (1.) The petitioners who are employees of the Punjab and Sind Bank being employed as Clerks made the aforesaid application No. 32750 of 1986 in Special Leave Petition No. 13708 of 1984 praying for a direction on the respondent Bank to promote the petitioners to the Junior Management Grade (Scale I) immediately. There was also a further prayer for a direction on the bank not to hold any test for promotion of clerks to officer cadre till all the applicants are promoted.
(2.) The petitioners filed a writ petition before the High Court of Punjab and Haryana for quashing the promotion of respondents Nos. 3 to 22 and for directing respondents Nos. 1 and 2 to promote the petitioners and respondents Nos. 23 to 40 to Junior Management Grade (Scale I). The said writ petition was dismissed by the High Court by its judgment and order dated 31st August 1984. A Special Leave Petition No. 13708 of 1984 was filed by the petitioners in this Court against the said judgment and order. This court by order dated February 10, 1986 made the following order:- "In view of the averment made in paragraph 3 of the counter-affidavit filed 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 not press the other points. We trust the Bank will adhere to the terms of settlement and maintain the ratio as agreed upon, unless it is substituted by bilateral agreement or in due process of law. The special leave petition is. disposed of accordingly."
(3.) It is necessary to mention in this connection that the procedure for promotion of clerical staff to officer cadre has been laid down in the circular dated July 31, 1979 issued by the Personnel Department of the Bank. There was a written test held by the Bank and the candidates who passed the written test were called for interview in September, 1982. Those who obtained qualifying marks in interview were entitled to be empanelled in accordance with the procedure laid down in the said circular. The respondent Bank, however, did not declare the result till the end of January, 1983 and as a result no panel was formed till January, 1983 according to the provisions of the said circular. At that time the petitioners who were not 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. However, the delay in empanelling the successful candidates and the meagre number of vacancies reserved for promotees has given rise to discontentment among the clerical staff of the Bank. Ultimately, a meeting was held on January 31, 1983 between the management of the Bank and the representatives of the All India Punjab and Sind Bank Employees Federation. A settlement was reached and the management agreed to declare the results by February 28, 1983. The relevant portion of the settlement is mentioned hereunder:- "After discussions at length it was agreed that henceforth vacancies of officers cadre in JMGC-I will be filled in as under:- 75% by internal promotions. 25 % by direct recruitment.";