S. B. SINHA, C. J.

( 1 ) THE question which has been referred to by a learned Single Judge of this Court for consideration of this Full Bench is as follows: in case of promotion to the various posts, whether the State or the Union of India, as the case may be, is at liberty to have or not to have reservations in favour of SCs, STs and other BCs.

( 2 ) THE petitioner is an Association registered under the Societies Registration act. The members of the Association are the employees of the first respondent Bank. The grievance of the petitioner is that promotion policy is going to be implemented without following the reservation policy.

( 3 ) IT is not in dispute that the appointment to the post in Junior management Grade Scale-I is filled up by direct recruitment whereafter promotion is granted to Middle Management Grade scale II and Middle Management Grade scale III and Senior Management Grade scales IV and V. As regards the promotion by selection method, para 9. 2 of the chapter 9 of Reservation Policy which reads as follows was applicable: 9. 2 (a) Promotions 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. 5,700. 00 there is no reservation, but the Scheduled castes/scheduled Tribes Officers, who are senior enough in the zone of consideration for promotion 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. Their position in the select list would, however, be the same as assigned to them by the departmental Promotion Committee on the basis of their record of service. They would not be given, for this purpose, one grading higher than the grading otherwise assignable to them on the basis of their record of service.

( 4 ) IT is not in dispute that having regard to the decision of the Apex Court in Indra sahawney. vs. Union of India, the constitution was amended by inserting clause (4-A) in Article 16 which reads thus: nothing in this Article shall prevent the State from making any provision for reservation in matters of promotion of any class or classes of posts in the services under the State in favour of Scheduled Castes and the scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

( 5 ) THE contention of the petitioner was that having regard to the aforementioned constitutional provision, the first respondent was obligated to adopt the reservation policy.

( 6 ) IT is not in dispute that after the provision in Article 16 (4-A) came into force, the Ministry of Personnel, Public grievances and Pensions, Department of personnel and Training issued an Office memorandum dated 13-8-1997 which is in the following terms: the undersigned is directed to invite attention to this Department s O. M. No. 36012/37/93, Estt. (SCT) dated 19-8-1993 clarifying that the Supreme court had, in the Indra Sawhaney case, permitted the reservation, for the scheduled Castes and the Scheduled tribes in promotion to continue for a period of five years from 16-11-1992. Consequent to the judgment in Indra sawhaney s case, the Constitution was amended by the Constitution (Seventy-seventh amendment) Act, 1995 and Article 16 (4-A) was incorporated in the Constitution. This article enables the State to provide for reservation, in matters of promotion, in favour of the Scheduled Castes and the Scheduled Tribes, which in the opinion of the State are not adequately represented in the Service under the state. In pursuance of Article 16 (4-A), it has been decided to continue the reservation in promotion, as at present, for the Scheduled Castes and the Scheduled Tribes in the services/ posts under the Central Government beyond 15-11-1997 till such time as the representation of each of the above two categories in each cadre reaches the prescribed percentages of reservation whereafter, the reservation

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