A.Kabir, J. - (1.) An issue of some importance, which had apparently been laid to rest by the Hon'ble Supreme Court while deciding the writ application filed by the Syndicate Bank Scheduled Castes and Scheduled Tribes Employees' Association, has once again cropped up for consideration in the instant writ application. The immediate reaction of this Court was that the matter could not be gone into afresh by this Court. It was, however, argued on behalf of the Respondents that such was not the case. It was submitted that after judgment was delivered in the above matter, a review petition was filed on behalf of the Syndicate Bank and while disposing of the review petition, the Hon'ble Supreme Court itself felt that the matter merited a fresh look and, accordingly, kept the issue open for further examination by the proper forum, if the same was raised by other Banks. It was, however, contended on behalf of the writ petitioners that the matter had been finally concluded by the Hon'ble Supreme Court in the above mentioned case and there was no scope for this Court to embark upon a fresh enquiry in view of the fact that the review petition was dismissed. According to the writ petitioners, Article 141 of the Constitution precluded this Court from re-examining the matter.
(2.) In the above context, before proceeding any further, it will be prudent to first of all resolve the above dispute as to whether the reliefs sought for in the writ application should be granted on the basis of the decision in the Syndicate Bank case or whether the issue involved in the said case should be scrutinised afresh in the present case. In order to do so, it is necessary to set out the facts in brief.
(3.) This Rule which was issued on the writ application of All India Allahabad Bank SC/ST Employees' Welfare Council and some officers of the Allahabad Bank, hereinafter referred to as the "Bank", is directed against the alleged failure of the Bank to maintain a forty point roster for officers belonging to the Scheduled Castes and Scheduled Tribes for promotion to Group "A" posts, in accordance with the policy purported to have been laid down by the Government of India. The writ petitioners have also prayed for a writ in the nature of Prohibition to prohibit the respondents from making any promotion to Group "A" posts without providing for reservation for similarly situated Scheduled Castes and Scheduled Tribes Officers, and from holding interviews for promotion from Middle Management Scale-III, without maintaining reservation for Scheduled Castes and Scheduled Tribes Officers and without filling the backlog vacancies by the candidates for which they were meant.;