- (1.) THE petitioners in these two writ petitions viz. C. W. P. Nos. 15645 of 1990 and 5831 of 1991, are working in the State Bank of India. They claim the benefit of the Army Service rendered by them during the, period of emergency prior to their appointment in the Bank. A/e they entitled to this benefit ? To answer this question, it is necessary to refer to few facts. Learned counsel for the parties have referred to the facts as stated in C. W. P. No. 5831 of 1991. These may be briefly adverted to.
(2.) THE petitioner was selected for the grant of Emergency Commission and he reported for pre-commission training on April 12,1983. He completed this training and was commissioned as an Officer on February 9, 1964. On July 1,1969, the petitioner was released from the Army. On May 29, 1972, he was appointed as a clerk in the Bank. He claims the benefit of military service rendered by him from April 12, 1963 to July 1, 1969, viz six years, two months and 19 days towards the determination of seniority, releasing of increments, further promotion as also pension etc. In other words, the petitioner claims that he should be deemed to have been appointed as a clerk in the Bank on March 10, 1966, and all consequential reliefs should be granted to him on that premises. It is averred that it was obligatory on the part of the authorities to grant the benefit of military service and that the action of the respondents in not granting the said benefit was highly arbitrary and unfair. The petitioner also states that the purpose of granting the benefit of service is to compensate the persons for the opportunities they missed in the civil career The petitioner claims that he had right to be promoted to Junior Management Grade-I Scale w. e. f. February 12; 1974, to the Middle Management Grade-III, w e. f. March I, 1985. , The petitioner further claims that he is entitled to be promoted to the Senior Management Grade Scale IV w. e f. March 1, 1989. He avers that the action of the respondents in not granting the requisite benefits is violative of Articles 14 and 16 of the Constitution and is also contrary to the instructions is used by the Government. On these premises, he prays for the issue of a writ in he nature of mandamus directing the respondents to grant him the benefit of military service.
(3.) A written statement has been filed on behalf of respondent Nos. 3 and 4. It has been inter alia averred that the Government had promulgated statutory rules called the Released Emergency Commissioned officer and Short Service Commissioned Officers (Reservation of Vacancies) Rules, 1967 for regulating the reservation of vacancies in the Central Services and posts in Class I and Class If Services. These rules came into force on January 29, 1966 and were operative till January 29, 1971. According to these rules, 23% of the permanent vacancies in Central Services and posts in Class I Non-technical Services and 30% of the permanent vacancies in Class II Non technical Services to be filled by direct recruitment had to be reserved for being filled from amongst the Emergency Commissioned Officers and Short Service Commissioned Officers of the Armed forces of the Union Vide letter dated January 29, 1966, the Government advised the Banks including the State Bank of India to consider the desirability of making the reservation for appointment to the posts in the Officers' cadre by direct recruitment. On June 30, 1966, the Bank decided to reserve 25% of the vacancies in respect of recruitment to the cadre of Probationary Officers in pursuance to the advice of the Government of India. Probation by Officers appointed against the reserved vacancies were to be given the benefit of Army service towards the fixation of pay and seniority. The Government of India had thereafter r promulgated the rules known as Released Emergency Commissioned Officers and Short Service Commissioned Officers (Reservation of Vacancies) Rules, 1971. These rules came into effect on January 29, 1971 and remained in force till January 29, 1974. However, so far as the State Bank of India is concerned, it did not make provision for reservation of vacancies for the Released Army Personnel except in case of the Probationary Officers.;