All India State Bank Backward ... vs Union Of India And Ors.
2015 Latest Caselaw 1784 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No.2454/1998

%                                                   2nd March, 2015

ALL INDIA STATE BANK BACKWARD CLASSES STAFF UNION
AND ANR.                                     ..... Petitioners
                  Through: Mr. Sarvesh Bisaria, Advocate.

                          Versus

UNION OF INDIA AND ORS.                                    ..... Respondents

                  Through:               None.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1. By this writ petition filed under Article 226 of the Constitution

of India, petitioners seek the relief of issuance of a writ of mandamus etc for

quashing of the notification of the respondent no.2 dated 18.3.1998 for

promotion from Award Staff to that of the Junior Management Grade Scale-I

(JMGS-I) on the basis of test and interview to be held on 24.5.1998.

Quashing is sought of the notification and the selection process on the

ground that the petitioners, SC candidates, are entitled to two years

relaxation in seniority, but which relaxation has not been given.

2. In my opinion, the writ petition would not be maintainable on

behalf of petitioner no.1 which is an association inasmuch as it is settled law

that in service matters, a PIL cannot be filed because in service matters

persons who are affected only would have locus standi and other persons on

behalf of persons who have locus standi cannot approach the Court. Also,

this is not a case where vires of a provision is being challenged that a body

can file a petition. In any case, however, since there is an individual being

the petitioner no.2, I am examining the issue on merits with respect to reliefs

as claimed by the petitioners.

3. A reading of the writ petition shows that petitioners claim that

they are entitled to relaxation of two years of service with respect to the

eligibility criteria for promotion to JMGS-I. Admittedly, the petitioners do

not satisfy the eligibility criteria of eight years of service and therefore it is

claimed that two years relaxation be given in the eligibility criteria so far as

SC candidates are concerned. The relevant para which would be applicable

so far as the petitioners are concerned is para 3.2 of the Scheme of

Reservations for Scheduled Caste/Scheduled Tribe Employees in the Bank

in the matter of promotions, and which Scheme has been filed at page 26 of

the writ petition. The relevant para 3.2 of this Scheme at page 28 of the writ

petition reads as under:-

"3.2 Consistent with the broad guidelines detailed in paragraph 1.1 to 1.6, where adequate number of employees with normal service are not available service norms in the case of SC/ST clerks and cashiers will be relaxed by 2 years where in any Circle the eligibility norm in respect of number of years of service in 8 years and above, where it is below 8 years service, it will be relaxed by 1 year."

(underlining added)

4. Petitioners claim that besides they being given relaxation of two

years i.e relaxing the eligibility criteria from 8 years to 6 years (as stated by

the counsel for the petitioners), respondent no.2-bank was also bound to

clear the backlog of vacancies, inasmuch as these aspects have been duly

considered and dealt with by the bank in its various circulars including the

circular dated 18.3.1998 filed at page 17 of the writ petition and circulars

dated 5.1.1995 (page 33 of the writ petition) and 31.5.1997 (page 38 of the

writ petition). Reliance is also placed upon the letter dated 11.4.1997 of the

Ministry of Finance with which the report of implementation of the

reservation policy in the respondent no.2-bank was commented upon and of

recasting the roster and clearing of the backlog of vacancies.

5. Respondents no.2 & 3-bank has filed its counter affidavit

wherein it is stated that the benefit of para 3.2 of the Scheme of Reservations

of SC/ST Employees would apply only when adequate number of employees

in normal services are not available and with respect to the said selection

process of the year 1998 there were already available 745 candidates in the

SC category against 65 reserved vacancies. These aspects have been stated

in paras 3 to 9 of the counter affidavit of respondent nos. 2 & 3, and these

paras read as under:-

"3. As per the Government of India extant Reservation policy regarding relaxation for SCs/STs, it is clearly mentioned that no relaxation in length of service or promotion is to be given in respect of minimum eligible criteria to SC/STs.

4. Prior to the year 1978, the Respondent Bank had no Reservation Policy for SC/ST employees, in the matter of internal promotion. However, in the year 1974, it was decided inter alia to grant concession to SC/ST in the matter of promotion where such promotion are made on the basis of selection procedure by way of Written Test and Interview to the extent of 5% in the qualifying marks in the written test and 10% in the interviews. Further it was also decided to take the interviews of SC/STs in separate sitting in order to avoid a comparison of their standards with the general candidates.

5. It was in the year 1978, that the Government of India decided to extend the scheme of reservation to SC/STs employees in the banks, in the matter of promotion. On the directive of the Reserve Bank of India the Respondent Bank framed a "Scheme of Reservation for SC/ST Employees in the Bank in the matter of promotions" which became effective from 1.3.78.

6. In the aforesaid scheme, it was laid down in para 3.2 (page 28 of the Paper Book) that "where adequate number of employees in normal service are not available, service norms in the case of SC/ST Clerks and Cashiers will be relaxed by 2 years wherein any

circle the eligibility norms in respect of number of years of service in 8 years and above, where it is below 8 years service, it will be relaxed by one year." This policy of the Bank remains unchanged.

7. The Respondent No.3 on 18.3.1998 issued a circular stating inter alia its decision to hold a written test for promotion from Clerical Cadre to Officer JMGS I w.e.f 1st August 1997 to fill up the vacancies given as under:-

i) Vacancies sanctioned for the year 1997-98 -129

ii) Vacancies not filled in previous year 96 total - 225

8. The Backlog in reservation for promotion from Clerical to JMGS-I for SCs was 41 and STs 53. In terms of Government of India guidelines, the backlog in reserved vacancies for SCs/STs were to be cleared subject to overall ceiling of 50% reservation. It was therefore decided that the number of vacancies to be reserved for SC/ST in respect of 225 vacancies would be as under:

i) for 129 vacancies SCs-43 and STs-21 Total- 64

ii) for 96 vacancies- SCs 21 and STs 11 Total-32 (this includes 31 unfilled vacancies of general candidates-thus out of balance 65 vacancies 50% vacancies were reserved).

9. It is further respectfully submitted that as the adequate number of employees belonging to Scheduled Caste i.e 745 Candidates against 65 reserved vacancies were available, no relaxation in length of service was given to SC employees for writing the test held on 24.5.98. However, in the case of Scheduled tribes employees only 126 candidates were available against 32 reserved vacancies, even after giving the relaxation in length of service for 11 years."

(underlining added)

6. Petitioners in the rejoinder affidavit have countered and pleaded

that the ratio for calling of the candidates in general category is of 3200

candidates for 125 posts being the ratio of 25:1 whereas for the SC and ST

candidates it was only 6:1. This is stated in para 9 of the rejoinder affidavit

by the petitioners, and this para 9 of the rejoinder affidavit reads as under:-

"9. That the contents of the para as stated are wrong and denied. It is denied that there were adequate number of employees belonging to the SC category. It is submitted that the Respondent Bank called 3,200 general candidates for 125 posts whereas 600 SC/ST candidates were made eligible for 97 posts. It is submitted that for general candidates the ratio was 25:1 and for SC & ST candidates, 6:1. It is submitted that the Respondent Bank in the year 1994 Examination gave the ratio of 22:1 in the reserved category quota."

7. I am unable to agree with the arguments which have been urged

on behalf of the petitioners inasmuch as para 3.2 of the Scheme is very clear

that the issue of relaxation of eligibility criteria by giving relaxation of two

years would apply only if adequate number of employees with normal

services are not otherwise available for being considered in the selection

process. In the present case, with respect to 65 vacancies there were already

available 745 candidates in the SC category and therefore there was no need

for relaxation because adequate number of candidates were available. The

argument urged on behalf of the petitioners of ratio in the general category

candidates being for more than the reserved category candidates is an

argument which is of no effect because the ratio relied upon by the

petitioners for SC candidates being granted equivalence to general

candidates category ratio is not supported by any rules or circulars of the

respondent no.2-bank. In fact, the ratio in this regard is 5:1 and which is

clear from para 1 of the chapter 21 of the respondent no.2-bank in the book

pertaining to Staff Matters under the heading Promotion to Officers' Cadre

Junior Management Grade Scale-I. This para reads as under:-

"1. Eligibility Employees belonging to the clerical and cash departments will be considered for promotion to the Junior Management Grade Scale I (Assistant Manager) on a common seniority basis. In the case of Scheduled Caste/Scheduled Tribe employees, the service range will be relaxed by one year if seniority for the General candidates is 7 years or less and by two years if the seniority for General candidates is more than 7 years. The number of employees who will be called for the written test will be linked to the number of vacancies in the ratio 5:1 with a proviso that once an employee is called for the written test, he/she would continue to be called in the subsequent years also till he/she exhausts all the chances available to him/her, even if the latter exercise would lead to calling of employees in excess of 5:1 ratio."

Therefore, by the applicable directions of the respondent no.2-bank,

ratio of candidates to be called is 5:1 and only if the ratio of candidates are

not in the category of 5:1, would the relaxation of the rules be required,

however, as already stated above, for the 65 reserved vacancies there were

already 745 candidates and therefore the ratio of 5:1 surely will stand

satisfied.

8. The argument urged on behalf of the petitioners by placing

reliance upon various circulars of the bank with respect to clearing of the

backlog of vacancies and of the report of the Ministry of Finance attached

with the letter dated 11.4.1997 is an argument without any merit because it is

not required by these documents which have been relied upon by the

petitioners that for filling of vacancies eligibility criteria should not be

complied with and the eligibility criteria should be violated merely to clear

the backlog. The backlog of vacancies can only be cleared subject to

candidates having the eligibility criteria and it is not the position either in

law or as per the circular of the respondent no.2-bank that backlog of

vacancies must be cleared even by violating the eligibility criteria prescribed

in the promotion rules of the respondent no.2-bank. Also, as per the

counter-affidavit of the bank the backlog was indeed being cleared as per the

applicable guidelines. This argument is therefore rejected.

9. Learned counsel for the petitioners has also argued that there is

discrimination against the petitioners because the Mumbai branch has called

all persons and for which purpose reliance is placed upon the circular of the

Mumbai branch dated 2.6.1998 and which reads as under:-

     "                                        DATE: June 2, 1998


              PROMOTION TO OFFICERS CADRE IN JUNIOR
             MANAGEMENT GRADE SCALE-I

Please refer to our para 5 of our Circular No.LHO/ CRDO/ PER/ KCL/ 89 dated 10th March 1998. It has now been decided to extend relaxation in service requirement by two years in respect of Scheduled Caste/Scheduled Tribe employees as a one time measure. As such, Scheduled Caste employees who have joined the Bank's Service on or before the 1st August 1984 and are below 55 years as on 1st August 1997 and Scheduled Tribe employees who have joined the Bank's service on or before the 1st August 1987 and are below 55 years as on 1st August 1997 are eligible to appear for the written test for the above promotion.

2. The other contentions of our abovereferred circular remains unchanged.

3. Please, therefore submit telegraphically to the controllers concerned as advised, in para 8 of our abovereferred circular, names of SC/ST employees who have now become eligible as per the aforesaid revised criteria. In case no recommendations are received by us/the concerned controllers on or before 15th June 1998 it will be presumed that you have no names to recommend.

4. It should be made clear to all such employees who become eligible to appear for this year's test by this dispensation, that this would not automatically entitle them to appear for future promotion test/s.

5. Please bring the contents of this circular to the notice of the staff at your branch/office under your control against the acknowledgement of having read the contents of this circular.

V.V. JOSHI For CHIEF GENERAL MANAGER"

It is also argued that in the past for the 1994 process relaxation was given

with respect to all SC candidates for two years, and for which purpose

reliance is placed upon the circular of the bank dated 5.1.1995.

10. The argument urged in this regard on behalf of the petitioners is

misconceived for two reasons. Firstly, a reference to the circular of the

Mumbai branch dated 2.6.1998 which is relied upon nowhere shows that

there is automatic eligibility by giving two years relaxation to SC candidates

and in fact para 5 of the circular of the respondent no.2-bank dated 5.1.1995

requires and states that there will have to be fulfilling of the eligibility

criteria with respect to filling up of the vacancies of the SC/ST candidates.

In fact, para 5 reiterates the third line of the circular dated 5.1.1995 which

only allows consideration of SC candidates who are eligible i.e non-eligible

candidates cannot be considered and eligibility criteria has to be complied

with. The second reason is that relaxation is as per SC candidates available

as per the circle vide para 3.2 given above, and assuming that in Mumbai

circle all SC candidates were called, the same could be as per the candidates

available in that circle.

11. In view of the above, there is no merit in the petition and the

same is therefore dismissed. No costs.

MARCH 02, 2015                                VALMIKI J. MEHTA, J.
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