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2021 Supreme(Raj) 1869
RAJASTHAN HIGH COURT BENCH AT JAIPUR
Inderjeet Singh, J.
Bank of Baroda Officers Union - Appellant
Versus
Bank of Baroda & Ors. - Respondents
S.B. Civil Misc. Stay Application No. 13980/2020 in S.B. Civil Writ Petition No. 14712/2020
Decided On : 22-07-2021
Mr. Pradeep Kumar, Advocate, for the Petitioner; Mr. Rajendra Prasad, Senior Counsel, assisted by Mr. Ashish Sharma, Advocate, for the Respondent
The court emphasized the importance of transparency and clarity in promotion policies to uphold constitutional rights to equality and fair treatment.
Headnote:
Promotion - Writ Petition - Article 14, 16, 21 - The court discussed the constitutional provisions ensuring equality and fair treatment in promotions, emphasizing the need for clarity in promotion policies and the implications of ambiguity in performance assessment criteria.
Fact of the Case:
The petitioner challenged the promotion policy and circulars issued by the respondent bank, claiming they violated constitutional rights and lacked clarity in performance assessment criteria, leading to ambiguity in promotions.
Finding of the Court:
The court found that the petitioner union's members were outnumbered by other unions and had not sufficiently demonstrated mala fides against the bank's officers, allowing the bank to proceed with promotions while the writ petition was pending.
Issues: Whether the promotion policy and circulars issued by the bank were unconstitutional and whether the interim order should be vacated.
Ratio Decidendi: The court held that the absence of mala fides and the overwhelming number of officers from other unions not challenging the policy justified the vacation of the interim order.
Result: The application for vacation of the interim order is allowed, and the interim order dated 17.12.2020 is vacated.
JUDGMENT
Heard on the application for vacation of the interim order dated 17.12.2020 filed on behalf of the respondent(s).
This writ petition has been filed by the petitioner with the following prayers;
"A. By an appropriate writ, order or direction, the impugned circular bearing no. HO:BR:112/446 dated 02.12.2020 (ANNEXURE-
5), impugned circular bearing no. HO:BR:112/447 dated 02.12.2020 (ANNEXURE-6) and impugned circular bearing no. HO:BR:112/448 DATED 02.12.2020 (ANNEXURE-7), issued by respondents may kindly be quashed and set aside.
B. By an appropriate writ, order or direction, the clause no. 4.1,4.2.1, 4.2.2 and clause no. 9.4.1, 9.4.2 and 9.4.3 of the impugned promotion policy dt. 02.12.2019 (ANNEXURE-4) may be quashed and set aside, being contrary to each other and being in violation of the Article 14,16 and 21 of the Constitution of India.
C. By an appropriate writ, order or direction, the respondent bank may be directed to make promotions to grade MMG/S-II, MMG/S-III and SMG/S-IV only after making appropriate provisions for converting the BOB GEMS grade into numerical numbers- % (percentage) for assessment of performance while carrying out the promotion exercise for the year 2021-2022. D. By an appropriate writ, order or direction, the COHORT system adopted by the bank for preparation of APAR may be quashed and set aside.
E By an appropriate writ, order or direction, the respondent bank may be directed to make a transparent and consistent promotion policy having a definitive and consistent assessment criterion while preparing the annual performance appraisal report of an employee.
F. Any other order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of the case and in favour of the petitioner may also be passed.
N. Cost of the writ petition may kindly be awarded in favour of the petitioner".
This Court while issuing notice to the respondent(s) on 17.12.2020 passed the following order;
"One of the arguments raised by the learned counsel for the petitioner is that for the purpose of assessing the performance of the candidates who are appearing for promotion, as per the promotion policy of Bank of Baroda, dated 02.12.2019 are on the final APAR ratings/GEMS grade score secured. As per clause 9.4.3. Candidate must have secured a minimum of 60% in the final average marks for normal/merit channels and minimum 75% marks for promotion in fast track/merit channel for performance so arrived at as in point 9.4.2 above to be considered for promotion to the higher grade/scale. However, the APAR's are being assessed by benchmark grading as A, AA, BB, & BBB and there is no equivalence provided either under the promotion policy or under the circular to assess the score of each grade. Thus, ambiguity has arisen in the circulars with regard to making promotions for different scales.
Learned counsel for the petitioner submits that they have strategic framework for officers issued vide circular dated 15.06.2020, which does not mention as to the grade marks of each grades.
Issue notice of writ petition as well as stay application, returnable within four weeks. In the meanwhile the respondents may conduct the exercise for promotion, however, no final result shall be declared.
Being aggrieved by the order dated 17.12.2020, the respondent-
bank filed D.B. Special Appeal Writ No. 472/2021 which was disposed of by the Division Bench of this Court vide order dated 07.07.2021 which reads as under;
"Learned counsel appearing for the appellants seeks permission to withdraw the appeal so as to pursue the matter before the learned Single Judge of this Court in the light of order dated 30.06.2021 passed by the Supreme Court in SLP No.7485/2021.
Permission is granted.
The appeal is, accordingly, dismissed as withdrawn.
The Registry is directed to list the writ petition pending before the learned Single Judge as directed by the Supreme Court vide order dated 30.06.2021.
The respondent-Bank also filed Special Leave to Appeal No. 74
