1996 Supreme(SC) 858

1996(4) Supreme 295
SUPREME COURT OF INDIA
A.M. Ahmadi, C.J.I., Sujata V. Manohar and B.N. Kirpal, JJ.
State Bank of India Scheduled Caste/Tribe Employees Welfare Association & Anr. -Appellants
versus
State Bank of India & Ors. -Respondents
Writ Petition (C) Nos. 13671-72 of 1984
Decided on 24-4-1996

IMPORTANT POINT
The reservation policy framed by the State Bank of India reserved certain posts for employees belonging to Scheduled Castes and Scheduled Tribes on promotion at the stage of from Award Cadre to the Junior Management Grade Cadre, under the two circulars of 3-4-1978 and 28-7-1983, cannot be faulted.

Headnote:Service Law-State Bank of India -Promotion from Award Cadre to Junior Management Grade Cadre-Reservation Policy framed by State Bank of India-Circular of 28-7-1983 providing that only 50% of vacancies could be made available in any given year for being filled by SC and ST employees-Challenged-Prayer for retrospective relaxation of service norms from 1978 onwards to fill up retrospectively all lapsed vacancies-Claim of carrying forward of reserved vacancies for a period of three years at the end of which they lapse-Whether scheme formulated under the two circulars of 3-4-1978 and 28-7-1983 can be faulted ? - (No) - 1981 (2) SCR 185: Relied on.

       Held : Both these contentions, namely, about the carrying forward of reserved vacancies for a period of three years at the end of which they lapse, and the provision that in any given year not more than 50% of the available vacancies should be reserved, have been negatived by this Court in the case of Akhil Bharatiya Soshit Karamchari Sangh (Railway) Represented by its Assistant General Secretary on behalf of the Association v. Union of India & Ors. (1981 (2) SCR 185). In that case a similar provision for carrying forward of reserved vacancies for Scheduled Castes and Scheduled Tribes for a period of three years was upheld by this Court. This Court also upheld the instructions issued by the Railway Board in that case to the effect that in any given year not more than 50% of the promotional posts should be made available to the reserved category of Scheduled Caste and Scheduled Tribe candidates; holding that the carry-forward rule should not result in any given year in the selection or appointment of Scheduled Caste and Scheduled Tribe candidates in excess of 50% (p. 242). In the light of this judgment, the scheme formulated by the State Bank of India under the two circulars of 3rd of April, 1978 and 28th of July, 1983, thus cannot be faulted. (Para 11)

       In the present case, such reservation has been made by the State Bank of India at the promotional stage in the manner which is set out in the two circulars. These circulars have been applied at the relevant times. The circular of 28.7.1983 gave a further relaxation in service norms exceeding the relaxation prescribed in the first circular of 3.4.1978. As a result, service norms for the reserved category could be relaxed to 5 years of service. The circular also gave the power to relax the service norms even further, but with the sanction of the Central Office of the State Bank of India. This is not a relaxation which can be applied retrospectively. It becomes available from the date when it is granted and is not a matter of right. It would, therefore, be very difficult to relate back the relief on the basis of the second circular of 28.7.1983 to the years 1978 to 1983. The reserved vacancies in the promotional posts during this period. If not filled, lapsed after three years as per the scheme framed under the earlier circular of 3.4.1978. We do not see how these lapsed vacancies can now be revived. (Para 13)

       During the pendency of these matters, under an interim order of this Court dated 22.11.1985, it was directed that no posts meant for Scheduled Caste and Scheduled Tribe categories should be allowed to lapse. As a result, all vacancies which are reserved for Scheduled Caste and Scheduled Tribe candidates are now being duly filled in. In fact, at one stage it seems to have been the grievance of the Scheduled Caste and Scheduled Tribe employees that by reduction of service norms (as per the High Court s order) now far too many Scheduled Caste and Scheduled Tribe employees are within the zone of consideration for promotions. Directions were sought from the Andhra Pradesh High Court to keep the ratio of eligible Scheduled Caste and Scheduled Tribe Candidates at 3:1 depending upon the number of vacancies and fix service norms accordingly. (Para 10)

       In the present case, in view of the interim orders of this Court referred to earlier, as also in view of the further relaxation in service norms which was granted by the circular of 28.7.1983, most of the grievances of the employees relating to the filling up of posts reserved for SC/ST employees have now been met. Even earlier, the State Bank of India, on realizing the difficulties in implementing the norms laid down by it in the circular dated 3.4.1978, had given directions for holding of special tests only for Scheduled Caste and Scheduled Tribe employees to fill up the backlog after further relaxing service norms to five years service or even less with the sanction of the Central Office, so that the ratio of three candidates for every vacancy became available in respect of reserved vacancies also. This opportunity, however, was not availed of by the Scheduled Caste and Scheduled Tribe employees for reasons which we need not go into. Subsequently, in the general tests also, they have been allowed to compete. They have been considered for promotion to the reserved vacancies on the basis of relaxed service norms as set out in the subsequent circular of 28.7.1983. In view thereof, the directions given by the Andhra Pradesh High Court to the effect that for filling up of reserved vacancies the service norms for Scheduled Caste and Scheduled Tribe candidates should be five years service and for general category candidates, six years service appears to have become unnecessary. The circular of 28.7.1983 clearly provides that service norms set out in the circular of 3.4.1978 can be further relaxed to the extent required upto five years so as to obtain three candidates for every reserved vacancy. Even a further relaxation is permissible with the approval of the Central Office. The provision for relaxation under circular of 28.7.1983 thus adequately safeguards the interests of Scheduled Caste and Scheduled Tribe employees and provides a fair opportunity to them for filling up reserved vacancies as they arise. The further direction, therefore, given by the Andhra Pradesh High Court can now be ignored. (Para 13)