JUDGEMENT

KASLIWAL, J.- Special leave granted.

2. Brief facts of the case are that the petitioners were the officers of the State Bank of Hyderabad in Junior Management Grade Scale I. They had joined the bank service as Award Staff on various dates and were as such governed by the settlements/agreements arrived at between the management of the Bank and the recognized Union/Association of the employees of the Bank. In the year 1976 an agreement on Promotion Policy of the Award Staff was entered into between the managements of subsidiary banks (excluding the State Bank of Saurashtra) of State Bank of India and the State Sector Bank Employees Association in which State Bank of Hyderabad and its employees union were also parties. The said agreement was circulated through circular dated February 2, 1976 as modified subsequently and circulated under Circular No. PER/15 of 1977. Under the said Promotion Policy the number of vacancies in Officers Grade II arising in the year were to be estimated and intimated to the employees union and steps were required to be taken for filling them up within a period of six months from the date of such notification. Such notified vacancies were to be filled up by promotion in the manner stated under each of the groups namely viz. Group A, Group B and Group C. The number of vacancies to be filled in under each of the above groups was as under :

Group A -

55 out of 100 (Seniority Channel)

Group B -

25 out of 100 (Merit Channel)

Group C -

20 out of 100 (Direct Recruitment)

The said agreement on Promotion Policy contained detailed eligible conditions and other requirements for effecting the above Promotion Policy.

3. It was also agreed between the management of the associate banks including the State Bank of Hyderabad and the employees union that as per the agreed terms of the Promotion Policy, promotions under Group C should be finalised first, followed by promotions under Group A and B either simultaneously or one after the other in that order. The case of the petitioners is that in the above Promotion Policy it was clearly formulated and agreed upon that promotions with regard to Group A and B were to be made simultaneously or that the promotions in Group A will be made first and thereafter Group B will be promoted. In support of this contention a copy of the letter/circular dated May 5, 1977 recording the proceedings of the meeting dated April 14, 1977 has been annexed as Annexure P-2.

4. The case of the petitioners further is that in pursuance of the abovementioned Promotion Policy, the State Bank of Hyderabad held examinations for both Group A and Group B channels simultaneously on May 30, 1982. The results of Group B were announced on December 15, 1982 but the results of Group A candidates including that of the petitioners were withheld and not declared till August 1, 1984. On the basis of the results of Group B candidates they were given promotions with effect from December 27, 1982. The reason for not declaring the results of Group A candidates was that some of the candidates belonging to SC/ST category had filed a writ petition in the High Court of Andhra Pradesh seeking reservation benefits and the High Court had passed an order restraining the bank from announcing the results of Group A candidates. The said Writ Petition No. 3469 of 1982 was disposed of by the High Court on June 11, 1984 recording the consent of both the parties in terms of a circular dated July 25, 1983. It may be mentioned at this stage that the above writ petition by SC/ST candidates was filed against the bank, however the present petitioners were not impleaded as parties to the said writ petition. After the disposal of the above writ petition on June 18, 1984, the results of Group A candidates including that of the petitioners were announced on August 1, 1984. The grievance of the petitioners is that according to the Promotion Policy the Group A and Group B candidates were to be promoted simultaneously or the promotions in Group A