LexSYNDICATE BANK SCHEDULED CASTES AND SCHEDULED TRIBES EMPLOYEES ASSOCIATION (REGD.), THROUGH ITS GENERAL SECRETARY, SHRI K.S. BADLIA AND ORS. versus UNION OF INDIA, THROUGH ITS ADDITIONAL SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF ECONOMIC AFFAIRS), BANKING DIVISION, JEEVAN DEEP BUILDING, PARLIAMENT ST. NEW DELHI-1
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----.. ___ _ SYNDICATE BANK SCHEDULED CASTES AND SCHEDULED TRIBES EMPLOYEES ASSOCIATION (REGD.), TIIROUGH ITS GENERAL SECRETARY, SHRI K.S. BADLIA ANP ORS. v. UNION OF INDIA, TifROUGH ITS ADDIDONAL SECRE- TARY, MINISTRY OF FINANCE (DEPARTMENT •JF ECONOMIC AFFAIRS), BANKING DIVISION, JEEvAN DEEP BUILDING, PARLIAMENT ST. NEW DELHI-l. AUGUST 10, 1990 [N.M. KASLIWAL AND S.C. AGRAWAL, JJ.] Constitution of India, 1950: Articles 14 and 16--Scheduled Casts and Scheduled Tribes Employees-Syndicate Bank-Group 'A' posts re5ervation for SC/ST Officers-Application of roster system-Direc- tions by Court-Reservation policy in respect of SC/ST applicable to A B c such posts. D The Syndicate . Bank Scheduled Castes and Scheduled Tribes Employees Associated representing the interests of SC /ST employee~ throughout the country and three Assistant Managers of the Bank h1ne filed this petition under article 32 of the constitution of India. Their case is as follows: That Group 'A' Officers posts are class I posts with ;:; Grade Scale I to Grade Scale VII. Criteria for promotion from Grade l to the next Grade and onwards is regulated by a promotion policy dated 17.9.1985. Being a nationalised Bank all policy decisions are controlled and governed by rules framed by the Central Government from time to time. In order•~ implement the principles enshrined in the Constitution of granting benefit of members of Scheduled Castes and Scheduled i' Tribes, the Government has evolved the policy of reservation for them in the ratio of 5% and 71/2% respectively both at the time of initial recruitment as well as at the time of promotions in all government establishments. Though this policy was extended to the Banking Industry in 1972 it remained restricted to appointments by direct recruitment only. Later the Central Govt. by its D.O. letter dated G 31.12.1977 addressed to all the nationalised banks required them to implement the reservation policy to promotional posts also. But the respondent bank did not follow the policy within the Officers cadre on the mistaken impression that the reservation in promotional cadres through selection is barred. To this the petitioners submitted that the Home Ministry's O.M. issued as early as on 26.3.1970 clearly provided H 713 714 SUPREME COURT REPORTS I 1990) 3 S.C.R. A reservations for SC & ST Officers' promotion within class I posts including officers drawing a basic pay of Rs.2,000 per month or less. ~ This was later followed hy 0.M. dated 23.12.1974 issued by the depart- ment of Personnel and Administrative Reforms to all the Ministries on the same lines. However the Ministery of Finance, Department of B Economic affairs (Banking Division) issued a circular dated 30.5.1981 to all the nationalised hanks that there is no reservation for Scheduled Castes and Scheduled Tribes in 'Promotion by Selection' within the officers cadre; that the concessions to SC & ST employees mentioned in Home Ministry's O.M. dated 26.3.1970 would be available to them in ~~ 'Promotion by Selection' to posts within the officers cadre upto scale III only and all the banks were required to implement instructions con- e tained in Home Ministry's O.Ms. dated 26.3.1970 and 23.12.1974 with such modifications as may.be necessary in the light of the circular dated 30.5.1981. The petitioners have contended that the Central Government wrongly and erroneously interpreted these circulars in taking the view that there was no reservation in the promotional posts within the offi- D cers cadre. Finally they say that despite the unequivocal directions from the Govt. of India, Ministry of Finance contained in its letter dated 28.11.1986 to all the nationalised banks clarifying the position in regard to reservations for Scheduled Castes and Scheduled Tribes for promo- tions and the decision of this Court in Bihar State Harijan Kalyan Parishad v. Union of India & Ors., which applied in all force to the case E F G H of the petitioners, the Respondent Bank failed to make reservations within the officers cadre and continues to follow the selection method of promotion which has lead to the tiling of this Petition. Allowing the Writ Petition, this Court, HELD: Even though the promotion posts are based on selection method, the rule of reservation will supply to posts within group 'A' and the benefit of reservation policy to memebrs of SC and ST cannot be denied on the ground that promo
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