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1999 Supreme(Del) 87
High Court Of Delhi
PUNJAB NATIONAL BANK - Appellant
Versus
PNB EMPLOYEES WELFARE ASSOCIATION (REGD.) - Respondent
L.P.A. 77 of 1990
Decided On : 02/01/1999
HARCHANDANI, MIRA MATHUR, MUKUL ROHTAGI, PRABHAT KUMAR CHATTOPADHYAY, SANDiP SETHI, SANJAY JAIN, V.R.REDDY
Headnote:Service Law - Promotion — Reservation for SC & ST — Interpretation of policy — Policy based on seniority-cum-rejection — Held that new policy does not supersede earlier policy — The promotion is based on selection.
Held:
Whether the policy of 1981 providing for reservation for SCs/STs in promotion from JMG I to MMG If is based on seniority-cum-rejection of unfit or selection, is the principal issue to be decided in these appeals ?. It may be noticed that under the said policy of promotion through the process of seniority out of 110 marks 10 marks were allocated for seniority and the other factors such as performance, interview, educational qualification and branch experience were assigned 100 marks. Marks allotted for seniority obviously are negligible compared to the marks assigned to the said other factors which mainly pertain to merit. Thus, applying the ratio in Syndicate Bank (supra) promotion from JMG 1 to MMG 11 as per the policy of 1981 cannot be said as based on seniority alone. In fact, it is a promotion policy based on selection. This view of ours equally holds good as regards scheme provided in channel f of the latter promotion policy dated 22nd February 1988. That being so, the judgment under appeal which was rendered on the assumption that both the said promotion policies were based on seniority subject to fitness alone cannot be legally sustained. Since under aforesaid regulation 17 guideline issued by the Govt. of India in the matter of reservation for SCs/STs are to be taken into consideration for formulation of the promotion policy by the Board of the appellant Bank we are unable to agree with the contention advanced by Shri Rohtagi that it was open to the appellant/respondent No. 1 to have provided for reservation under the promotion policy of 1981 over and above what was contained in O.M. dated 23rd November 1972.
( 1 ) BOTH these appeals are directed against the common judgment of a learned Single Judge dated 11/7/1990 whereby writ to mandamus was issued to the appellanrespondent No. 1 and Union of India to make reservation with regard to all the posts in MMG II arising after 25th March 1981 till 4th July 1987, fill the posts in accordance with the policy of 25th March 1981 and also to amend the policy of 22nd February 1988 so as to provide for reservation when promotions are to be made according to channel 1, namely, in respect of 60% of the vacancies arising in MMG II and such posts be filled in the manner indicated in the Office Memorandum of 27th November 1972 on the basis of 40 point roster.
( 2 ) C. W. 919/87 was filed, inter alia, alleging that Punjab National Bank (Scheduled Castes/scheduled Tribes) Employees Welfare Association (Regd.) is a registered Association of Scheduled Castes and Scheduled Tribes employees working in the Punjab National Bank. In consonance with the Govt. of India, Department of Personnel O. M. No. 27/2/71 - Estt. (SCT) dated 27/11/1972 and O. M. No. 36021/7/75 - Estt. (SCT) dated 25/2/1976 which provide for reservation policy in promotion on the basis of seniority subject to fitness of the employees belonging to SC/st, the respondent No. 1/appellant framed revised policy as contained in Personnel Division circular no. 568 dated 25th 1981 (in short policy of 1981 ). According to this policy, for promotion of officers from JMG I to MMG II, two procedures are prescribed - (i) through selectivity and (ii) through seniority. Procedure for promotion by way of selectivity involves written test, interview, performance, educational qualifications and branch experience. Procedure for promotion by seniority provides that the eligible candidates will be called for interview in order of seniority provided that the number of candidates will not exceed three times the number of anticipated vacancies in a calendar year. It further provides that there will be 45 marks for performance, 30 marks for interview, 15 marks for educational qualification, 10 marks each for seniority and additional branch experience. Reservation of 15% for Schedules Castes and 7-1/2% for Scheduled Tribes candidates is further provided under the policy for promotion from JMG I to MMG II based on seniority. It is stated that after the policy of 1981 came into existence, bank has carried the promotion through seniority process only. First selection for promotion from JMG I to MMG II was made in May/june 1981. Second selection was held in October 1982 while the third selection in January 1983. Fourth selection was made in April 1983 while fifth selection took place in July/august 1983. Sixth selection was held in August/september 1984 while seventh selection in November 1981. Last selection was made in September/october 1986. It is claimed that in none of these selections respondent No. 1/appellant implemented the reservation policy for SC/st candidates. Action on the part of respondent No. 1/appellant in not following the policy for reservation is arbitrary, unlawful and in violation of the constitutional guarantees for SCs/sts. It was prayed that by issue of writ of mandamus respondent No. 1/appellant be directed to implement the scheme of reservation as contained in the policy of 1981 for promoting SC/st officers from JMG I to MMG II. Consequential reliefs have further been claimed.
( 3 ) RESPONDENT No. 1/appellant contested the petition by filing reply affidavit. It is alleged that as a matter of fact after the scheme of reservation of 25th March 1981 had been made, it never became effective in view of the fact that in about two months time on 30th May 1981 the Govt. guidelines regarding reservation were notified and those alone governed and held the field and were given effect to. Said policy of 1981 was formally superseded by the Board of Directors of the Bank on 4th July 1987. It is further alleged that regulation No. 17 of
