LexPRAGJYOTISH GAONLIA BANK & ANR. versus BRIJLAL DAS
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[2009] 2 S.C.R. 299 ( !!!!!!!llo.. i PRAGJYOTISH GAONLIA BANK & ANR. A v BRIJLAL DAS Civil Appeal No. 977 of 2009 FEBRUARY 13, 2009 B [ALTAMAS KABIR AND MARKANDEY KAT JU, JJ.] 1' Service Law - Reservation - For promotion - Candidate of schedule caste - Finding place in selection List, but not coming within number of available vacancies - Held: not entitled for promotion - Automatic promotion as per c concession provided in the Circular issued by NABARD, can be given to SC/ST candidate only when he comes within the number of available vacancies, and not when he finds place in Selection List for the same - Circular dated 9.11.1994 ~ issued by National Bank for Agriculture and Rural D Development. The question for consideration before this Court was whether respondent No.1, belonging to Scheduled Caste employed with the appellant-Bank as officer Scale I, was E entitled to be promoted as Officer Scale II, even if he did not come within the purview of available vacancies for > ...- the/ post. •• Allowing the appeal, the Court . HELD: 1.1 The provision relatinQ, to reservation F posts, contained in the Circular dated 10 June, 1997, has been wrongly interpreted by the Division Bench of the High Court. The said condition is in the nature of a concession as was contemplated in the circular dated 9th '"' , November, 1994, issued by NABARD in order to give an G opportunity to a Scheduled Caste or Scheduled Tribe candidate to be automatically appointed, if he came within the number of vacancies available. It was a concession to enable such a candidate to avoid the process of 299 H 300 SUPREME COURT REPORTS [2009] 2 S. C.R. A selection, which all the other candidates were required to undergo. [Para 16] [ 306-G, H; 307-A, B] 1.2 Respondent No.1 was at Serial No.39 in the Selection List and did not, therefore, come within the 8 number of available vacancies i.e 17 and, consequently, he had to compete with all the other candidates for being selected for one of the vacancies. The High Court's understanding that as a Scheduled Caste candidate, the petitioner, was entitled to be considered for one of the C vacancies, is, therefore, erroneous since the provision relating to the aforesaid concession does not contemplate such a right in favour of a Scheduled Caste or Scheduled Tribe candidate.[Para 17] [ 307-D, E] National Federation of S.B.I. v. _Union of India (1995) 3 D sec 532- relied on. Case Law Refernece (1995) 3 sec 532 Relied on Para 17 E CIVILAPPELLATE J.URISDICTION: Civil Appeal No. 977 of 2009 From the final Judgement and Order dated 29;6.2006 of the Gauhati High Court in Writ Appeal No. 518 of 200,2 F Dhruv Mehta, Yashrah Singh Deora, Mohit Abr€lham and G T.S. Sabarish (for M/s. K.L. Mehta & Co.), for the Appellants. Manish Goswami (for M/s. Map & Co.), .for the Respondent. The Judgement of the Court was delivered by.. ALTAMAS KABIR, J. 1. Leave granted. 2. The appellant Bank, which is a rural bank and is H governed by the circulars issued from time to time by the .. ' ,_ "'I "' ,,,. .I. ~ f _/ ' • ' r PRAGJYOTISH GAONLIA BANK & ANR. V. 301 BRIJLAL DAS National Bank for Agriculture and Rural Development (hereinafter referred to as 'NABARD'), has challenged the decision of the Division Bench of the Gauhati High Court, allowing Writ Appeal No. 518 of 2002, and directing the appellant Bank to issue necessary orders for giving effect of promotion to the respondent No.1, Brijlal Dass, to the Officer Scale II Grade from the date his juniors in the Grade of Officers Scale I i.e. respondent Nos. 17, 18 and 19, were promoted to the Officers Scale II. 3. In 1997 the appellant Bank categorised 17 additional Scale I branches as additional Scale II branches. The Bank, therefore, proposed to promote 17 Officers of the Scale I Grade to the Grade of Officers Scale II and issued a Circular to that effect on 10.6.2007. As per the eligibility criteria, all officers, who had put in minimum service of 8 years in the Officers' cadre as on 31.12.1996, were eligible to appear for an interview for internal promotion. The total number of candidates would be restricted to 4 four times the number of vacancies. It was decided by the Bank that such promotion would be on the basis of merit- cum-seniority, and that out of a maximum of 150 marks 40 marks were set apart for the number of years in service. The remaining 110 marks were allocated
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