JUDGMENT

SABYASACHI MUKHARJI, J. :— In the Reserve Bank of India separate departmentwise and groupwise seniority and promotion for cadres of Officers and non-Officers (Award Staff) was prevalent. This would be apparent from the decision of this Court in Reserve Bank of India v. N. C. Paliwal, (1977) 1 SCR 377 as well as V. T. Khanzode v. Reserve Bank of India, (1982) 2 SCC 7.

2. In September, 1962, need was felt for maintenance of combined seniority list at each centre for the purposes of promotions recommended by National Industrial Tribunal presided over by Mr. Justice K. T. Desai. The recommendations of the said Desai Award for centre-wise combined seniority were approved by this Court in 1966. See in this connection the observations in All India Reserve Bank Employees Association v. Reserve Bank of India (1966) 1 SCR 25 at p. 57 and Reserve Bank of India v. N. C. Paliwal (supra).

3. In 1970, the supervisory Staff in Class I was upgraded to Staff Officers in Class I pursuant to the Memorandum of Settlement dated 9th January, 1970 between the Bank and the All India Supervisory Staff Association, subject to certain conditions.

4. Administrative Circular No. 20 dated 6th June, 1970 was issued on introduction of written examination for departmental promotions of clerk Grade I/Assistants etc. to the post of Staff Officer Grade II (Sub-Accountants and Research Superintendents) in all the groups. This circular was not made operative.

5. On 7th May, 1972, the Bank took several steps towards equalising promotional Opportunities of employees by introducing the Optee Scheme of 1965, the Optee Scheme of 1966 and finally by entering into Memorandum of Settlement dated 7th May, 1972 with the Association accepting the principle of maintenance of a combined seniority list at a centre. See in this connection the observations in Reserve Bank of India v. N. C. Paliwal (AIR 1976 SC 2345) (supra).

6. On or about 7th May, 1972, the Bank formulated a Scheme for Promotion : Staff Officer Grade II after giving full opportunity to the Association to make its suggestions. On 7th May, 1972, the Bank and the Association further agreed by exchange of correspondence that the ratio of direct recruits to the total strength of Staff Officers Grade II at 17.5 : 82.5 . Reference in this connection may be made to Annexures II & III to the further Affidavit for the bank filed on 27th August, 1982 and which are in the appeal Paper Book at p. 134 onwards.

7. On 13th May, 1972, the Bank introduced the Administrative Circular No. 8 dated 13th May, 1972 on Scheme for Promotions - Staff Officers Grade II which is binding on all employees of the Bank. On the same day the Bank introduced simultaneously the Administrative Circular No. 9 on Scheme for Combined Seniority List and switch over from non-clerical to clerical cadre with effect from 7th May, 1972 which is binding on all employees of the Bank. The constitutional validity of this scheme was upheld by this Court in Reserve Bank of India v. N. C. Paliwal (AIR 1976 SC 2345) (supra).

8. On 22nd May, 1974, the Bank took a decision, based on the recommendations of the Cadre Review Committee under the Chairmanship of Mr. Justice J. L. Nain and issued the Administrative Circular No. 15 dated 22nd May, 1974 to prepare a common seniority list and to provide for inter group mobility at the lowest level of officers in Grade A with effect from 1st January, 1970. See V. T. Khanzode v. Reserve Bank of India (AIR 1982 SC 917) (supra).

9. On or about 7th January, 1978, the Bank took further decision, based on the recommendations of two Committees, one headed by Mr. Justice Nain and another headed by Mr. Thaneja, and issued Administrative Circular No. 8 dated. 7th January, 1978 to combine the seniority of all officers in Grade B and above with effect from 22nd May, 1974 with a view to equalise opportunity for promotions among officers. In this connection, reference may also be made to V. T. Khanzode v. Reserve Bank of India (AIR 1982 SC