SAT PAL, J. - (1.) THIS judgment will dispose of Letters Patent Appeal No. 503 of 1989 and 490 of 1989, since the same questions of law and similar facts are involved in both these cases.
(2.) THE writ petitioners in both the cases at the relevant time were holding the post of Middle Management Grade Scale II/i in the respondent-Bank, and they had challenged the promotion of certain officials of the respondent-bank to Grade Scale II/iii in the writ petitions. The promotion from the post in Junior Management Grade Scale I to the G cadre of Middle Management Grade Scale II and from Middle Management Scale II to Middle Management Scale III was governed by the promotion Policy contained in the Bank Circular, dated 1st February, 1985. In terms of the said Policy, 50% of the vacancies in Scale III were to be filed in from amongst eligible officers, who had put in at least 8 years completed service in Scale II and the remaining 50% of the vacancies were to be filled on merit basis. Similarly, 40% of the vacancies in Grade Scale II were to be filled on merit basis. The minimum eligibility in terms of number of years of service for promotion on merit was 5 years' satisfactory service. As per para 12. 2 of the Promotion Policy, guide lines issued from time to time regarding promotion of eligible officers belonging to the Scheduled Castes/scheduled Tribes category will be taken into account. In this connection, guidelines are contained in the Ministry of Home Affairs Department of Personnel and Administrative Reforms Circular No. 36011/16/est (SCT) of 1982. The relevant portion from these guidelines is reproduced: " Promotion by Selection within Group A (Class I) In promotions by selection to posts within Group A (Class I) which carry an ultimate salary of Rs. 2,000/- per month, or less (Rs. 2250/- per month or less in the revised scale) there is no reservation, but the Scheduled Castes/scheduled Tribes Officers, who are senior so as to be within the number of vacancies for which the select list has to be drawn up' would be included in that list provided they are not considered unfit for promotion. " It is admitted case of the parties that for the relevant year, pertaining to L. P. A. No. 503 of 1989, the number of posts to be filled on merit basis was 75 and with regard to L. P. A. No. 490 of 1989, the number of such posts was 320. In para 7 of the writ petition, C. W. P. No. 5716 of 1987, out of which L. P. A. No. 490 of 1989 arose, it was stated that the zone of consideration for making appointments by promotion would be three times the number of vacancies to be filled up at any juncture. This fact is also borne out from the Government of India instructions contained in the Ministry of Finance, Department Economic Affairs (Bank Division) Office Memo No. 101/11/83-SCT (B) dated 7th November, 1983. In both the years, all the candidates, who fulfilled the minimum eligibility conditions in terms of number of years of service, that is to say, who had put in five years' of satisfactory service in Grade Scale I/ii were permitted to appear for interview before the Selection Board.
(3.) MR . Khekar, learned counsel appearing on behalf of the appellants, submitted that in terms of the instructions of 1982 issued by the Home Ministry, a candidate belonging to the Scheduled Caste/scheduled Tribes category has to be selected for promotion in case he is within the zone of consideration and has not been found unfit for promotion. He, therefore, contended that all the writ petitioners, who were within the zone of consideration and appeared before the. Selection Board, ought to have been selected for promotion to the post in Grade Scale II/iii since they were not found unfit for promotion. In support of his contention, the learned counsel placed reliance on two judgments of the Supreme Court in Bihar State Harijan Kalyan Parishad v. Union of India and Ors, A. I. R. 1985 S. C. 983, and Syndicate Bank Scheduled Castes & Scheduled Tribes Employees Association (Regd.) through its General Secretary, Shri K. S. Radlia and Ors. v. The Union of India through its Additional Secretary, Ministry of Finance (Department of Economic Affairs) Banking Division Jeevan Deep Building, New Delhi, Judgment Today 1990 (3) S. C. 468.;