ALLAHABAD BANK SCHEDULED CASTES/SCHEDULED TRIBES EMPLOYEES WELFARE ASSOCIATION Vs. ALLAHABAD BANK THROUGH ITS CHAIRMAN

JUDGEMENT

(1.) Scheduled Castes/Scheduled Tribes Employees Welfare Association of Allahabad Bank through present petition filed by it under Art. 226 of the Constitution of India seeks writ in the nature of Mandamus directing the respondent Allahabad Bank to appoint and accordingly fill the vacancies reserved for Scheduled Castes to the extent of 15% and for Scheduled Tribes to the extent of 71/2% on the post of Officers in junior Management Grade Scale-I on seniority basis from clerical staff and to further restrain the respondent-Bank from declaring the final result as per terms of circular dated 3.4.1981.

(2.) The brief facts giving rise to writ petition reveal that bank framed its rules for promotion vide circular dated 14.1.1975 as subsequently amended wherein it was decided to make 500 appointments of officers in Junior Management Grade Scale I from clerical cadre where for two channels of promotion were fixed. The first one being on the basis of seniority where under 300 appointments were to be made and second being on merit basis to which 200 officers were to be recruited. It was also directed that promotion on seniority basis was to be accomplished immediately whereas recruitment through merit basis had to be cleared later and if in the meantime a new promotion policy was to come into being the same would put into effect. Out of 300 appointments scheduled to be made on basis, the respondent declared vide circular dated 3.4.1981 that 15% of the would be reserved for Scheduled Caste Clerk and 71/2% reservation for Scheduled Tribe Clerks. It was directed that in case the requisite number of applicants for reserved appointments, as mentioned above, do not qualify in the written test/interview, the management could accord suitable relaxation in favour of the said reserved category employees who have scored below the normal qualifying level in the test/interview. Respondent-bank, thus, decided to give 45 posts to the Scheduled Castes and 22.5%w posts to the Scheduled Tribes. As per terms of the circular referred to above, all the" 15 persons who have been named in paragraph 2 of the writ and who are scheduled caste employees applied for to the respondent-bank for appointment to the post of Officer in the Junior Management Grade, Scale , but none was summoned for test held by the respondent for the purpose of recruitment to Officers in Junior Management Grade Scale-I. The petitioner, thus, addressed a letter to the respondent-bank calling upon the management to implement its policy for reservation for Scheduled Castes/Scheduled Tribes. It was mentioned therein that the result of the test on seniority basis which was held on 21.6.1981 should be kept in abeyance so long as back log to the prescribed percentage as fixed in the circular referred to above was given effect. It called upon the bank through the letter aforesaid that the request be acceded to within 15 days otherwise the applicant would be constrained to seek justice from the Court of law. Through present writ petition, therefore, the petitioner-association seeks adherence by respondent-bank to its circulars for filling up a fresh percentage of seats on the posts under contention amongst Scheduled Caste/Scheduled Tribe Clerks.

(3.) After hearing the learned counsel for the parties and going through the records of the case, this Court is of the considered view that there is no necessity at all to go into the applicability of the circular referred to above as no member of the association fulfils the criteria fixed by the respondent-bank fixed by the respondent-bank for promotion to the Junior Management Grade Scale-I. It has been pleaded in the written statement filed by respondent No.l that 15 persons were not called for test for the posts of officers in Junior Management Grade Scale I is because they did not fulfil the minimum eligibility norms for test. Rule 3 of Part-VI of the Rules for promotion which is applicable to the petitioners as per bi-partite settlement arrived at between the Bank Management and the Union provides as follows:-