CHAIRMAN & MANAGING DIRECRGR CENTRAL BANK A OF INDIA & ORS. versus CENTRAL BANK OF INDIA SC/ST EMPLOYEES WELFARE "ASSOCIATION & ORS.

Citation: [2015] 1 S.C.R. 55 · Decided: 09-01-2015 · Supreme Court of India · Bench: JASTI CHELAMESWAR · Disposal: Case Partly allowed
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Judgment (excerpt)

[2015) 1 S.C.R. 55 • 
CHAIRMAN & MANAGING DtRECrGR CENTRAL BANK 
A 
OF INDIA & ORS. 
v. 
CENTRAL BANK OF INDIA SC/ST EMPLOYEES 
WELFARE "ASSOCIATION & ORS. 
(Civil Appeal No. 209 of 2015) 
B 
JANUARY 09, 2015. 
[J. CHELAMESWAR AND A.K. SIKRI, JJ.] 
Service Law: Reservation - In promotion by selection -
C 
From one officer rank/grade to next rank in the grade - For 
SC/ST employees of Public Sector Bank - Permissibility -
Held: By virtue of Office Memorandums dated 1. 11. 1990 and 
13.8.1997 issued by Ministry of Personnel, Public Grievance 
and Pensions, Department of Personnel and Training, o 
Government of India (which was adopted by the Bank) in 
matters of promotion within Group-A posts which carry an 
ultimate salary of Rs.5, 7001- p.m. i.e. scale VII and above, 
there is no provision for reservation - However, there is no 
bar from reservation in promotions from Scale-I upwards upto 
E 
Scale VI. 
Partly allowing the appeals and disposing of the 
contempt petition, the Court 
HELD: 1. In Office Memorandum dated 1.11.1990, 
F 
there was no provision for reservation made in favour of 
SC/ST candidates in promotion by selection within 
Group-A posts carrying an ultimate salary of Rs. 5,700/-
per month. By the Office Memorandum dated 13.8.1997, 
the existing provision relating to reservation in promotion G 
was allowed to continue beyond 15-11-1997. Thus, this 
Memorandum did not make any new provision for 
reservation in promotion in favour of SC/ST employees. 
On a conjoint reading of these two Office Memorandums, 
55 
H 
56 
SUPREMr: COURT REPORTS 
[2015] 1 S.C.R. 
A in the absence of any other provision or Rule evidencing 
such a reservation in the matter of promotions, it cannot 
be said that there was reservation in promotion within 
Group-A posts upto the ultimate salary of Rs. 5,700/- per 
month. [para 27, 31 and 32) (79-E; 81-B-C, D-E] 
B 
2. The Department of Public Enterprises had issued 
an Office Memorandum dated 08-11-2004 as to the salary 
limit of Rs. 5,700/- mentioned for the purposes of 
reservation as Rs.18,300/- (5th Central Pay Commission) 
and in the case ·of Public Sector Undertakings who are 
C following Industrial Dearness Allowance (IDA) pattern, the 
monetary ceiling was fixed as Rs.20,aoo1- (from 01-01-
1996, i.e. 5th Central Pay Commission). The said pay 
ceiling is achieved in the appellant Banks only when an 
officer reaches Scale-VII. As a fortiorari, the policy of no 
D reservation in the matter of promotion is applicable only 
from Scale-VII and above. It, therefore, clearly follows that 
insofar as promotion from Scale-I to Scale-II, Scale-II to 
Scale-Ill, Scale-Ill to Scale-IV, Scale-IV to Scale-V, Seale-
y to Scale-VI are concerned, reservation is to be provided. 
E The appellant Banks, therefore, cannot take umbrage 
under the aforesaid Memorandum and deny reservation 
in favour of SC/ST employees while carrying out 
promotions upto Scale-VI. Therefore, to carry out 
promotions from Scale-I upwards upto Scale-VI, 
F reservation in promotion in favour of SC/ST employees 
has to be given. [para 35 and 36) (82-D-F; 83-B] 
Indra Sawhney v. Union of India 1992 (2) Suppl. SCR 
454 = 1992 (3) Suppl. SCC 217, Union of India and Others 
etc. v. Virpal Singh Chauhan and Others 1995 (4) 
G 
Suppl. SCR 158 = 1995 (6) SCC 684; National Federation 
of S. B. I. and Others v. Union of India and Others 1995 
(2) SCR 748 = 1995 (3) SCC 532; Pragjyotish Gaonlia Bank 
(Now known as Assam Gramin Vikash Bank) and Another v. 
H Brijlal Dass 2009 (2) SCR 299 = 2009 (3) SCC 323; 
CHAIRMAN & MANG. DIR. CEN. BANK OF INDIA v. CEN. BANK 
57 · 
OF INDIA SC/ST EMP. WEL. ASSON. 
Himachal Pradesh Scheduled Tribes Employees Federation A 
and another v. Himachal Pradesh Samanaya Varg 
Karamchari Kalayan Mahasangh and others 2013 
(9) SCR 384 = 2013 (10) SCC 308; Rohtas Bhankhar and 
Others v. Union of India and Another 2014 (8) SCC 872; M. 
Nagaraj and others v. Union of India and Others 2006 B 
(7) Suppl. SCR 336 = 2006 (8) SCC 212 - referred to. 
Case Law Reference : 
1992 (2) Suppl. SCR 454 referred to 
1995 (4) Suppl. SCR 158 referred to 
2006 (7) Suppl. SCR 336 referred to 
para 8 
para 9 
para 11 
para 18 
c 
1995 (2) SCR 748 
2009 (2) SCR 299 
2013 (9) SCR 384 
2014 (8) sec 872 
referred to 
referred to 
referred to 
referred to 
para 18 
D 
para 21 
para 22 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 209 
E 
of 2015. 
From the Judgment and Order dated 09-12-2009 of the 
Division Bench of the High Co
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