Rajasthan High Court - Jaipur
Ram Singh vs Shekhawati Gramin Bank on 15 October, 2013
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No.5448/1998 Ram Singh versus Shekhawati Gramin Bank, Sikar & ors 15.10.2013 HON'BLE MR. JUSTICE MN BHANDARI Mr Ajeet Bhandari - for petitioner(s) Mr RS Mehta for respondent-Bank Mr VK Sharma for respondent No.2 BY THE COURT:
By this writ petition, a challenge is made to reserve 8 posts of Area/ Senior Manager (MM-II) for SC/ST candidates and consequential order of promotion dated 24.1.1997. A further direction is sought for filling up those posts from open category candidates as per seniority, subject to rules.
Learned counsel for petitioner submits that till the date of promotion, there was no rule or circular to provide reservation to the SC/ST candidates, however, the respondent-Bank not only given benefit of reservation but also granted promotion to the persons junior to the petitioner. In view of above, order of promotion passed in favour of the respondents No.2 to 8 may be set aside with a direction to the respondent bank to make promotion based on seniority, without benefit of reservation.
Mr RS Mehta, learned counsel for respondent Bank, on the other hand, submits that rule/ circular for reservation was existing thus action of the respondent bank is not illegal in granting benefit of reservation in promotion. Reference of documents at annexure-R/1/1 to R/1/3 has been given for the aforesaid purpose.
Mr VK Sharma, learned counsel for respondent No.2 submits that respondents belong to reserve category thus benefit of reservation has rightly been given.
I have considered rival submissions of learned counsel for the parties and perused the record.
The only question raised is as to whether benefit of reservation was available for promotion to the post of Area/ Senior Manager in the respondent bank. According to the petitioner, there was no rule or circular to provide reservation though aforesaid has been contested by the respondents. To find out as to whether there was any rule or circular to provide reservation, learned counsel for respondent placed reliance on documents at annexure-R/1/1 to R/1/3. The perusal of annexure-R/1/1 shows nothing but a direction for implementation of the award of the National Industrial Tribunal. However, Annexures annexed with it, refer the issue raised herein and is quoted hereunder for ready reference -
II-Promotion post for SC/ST Maintenance of post Issue in brief Issue in detail Clarification
1. Provision of reservation for promotion from officer Scale I to II and Area/Senior Manager (Officer Scale II) Some Sponsor Bank have advised that there is no reservation of posts for SC/ST employees for promotion from Officer Scale I to Scale II. However the eligible SC/ST candidates coming under zone of consideration are being promoted as per rank list on implementation of NIT award along with the recommendations so as to be within of equation committee, the posts and consequential fixation of the new scales of pay, allowances and other benefits of the staff of RRBs are equated with the comparable posts in the sponsor banks. In view of the above position, they contend, the policy that is in operation in sponsor banks can be followed by their sponsored RRBs.
The matter regarding provisions or otherwise of reservation for SC/ST candidates to the posts of Area Manager/Senior Manager is under consideration of GOI. Pending decision from Government of India we advise that the scheduled Castes/ Scheduled Tribe Officer, who are senior enough in the Zone of consideration for promotion so as to be within the number of vacancies for which the select list has to be drawn up,would be included in that list provided they are not considered unfit for promotion. If there are no candidates belonging to scheduled caste/scheduled Tribes within the Zone of consideration, then the number of vacancies that are required to be reserved in accordance with the practice prevailing in the respective state may be set aside and only the balance vacancies may be filled in, provided however, the instructions issued by GOI/NABARAD from time to time are complied with for making such promotions from the post of officer Scale I to Area/Senior Manager.
The perusal of the portion quoted above shows that the issue was taken up by the respondents. In the last column, clarification to the question regarding reservation in promotion from Officer Scale I to II and Area/Senior Manager (Officer Scale II) has been given. The earlier column shows dispute in detail and the aforesaid provides that sponsor banks have advised that there is no reservation of posts for SC/ST employees for promotion from officer Scale I and II in RRBs, however, eligible SC/ST candidates coming in the zone of consideration being promoted as per rank list in implementation of the NIT award. It is mainly for Rural Banks attached to a sponsor bank, which is the case in hand.
The next column is regarding clarification and shows that the issue of reservation to the SC/ST candidates is under consideration before the Government of India and pending decision, some advise has been given. The document aforesaid is sufficient to show that there was no provision for reservation in promotion for SC/ST candidates in Regional Rural Bank (RRB) though it was directed to keep them in the zone of consideration if number of vacancies required to be reserved in accordance with the practice prevailing in the respective States but then a provision for reservation could not be shown by learned counsel for respondent bank.
Next annexure R/1/2 is nothing but an office memorandum issued by the Government of India in reference to the judgment of Hon'ble Apex Court in the case of Indira Sawhney and the constitutional amendment under Article 16(4A) of the Constitution of India. It provides continuance of the reservation in favour of the SC/ST categories for promotion. The question of continuance comes only when there exist reservation for them and respondents have failed to show any order or circular to indicate reservation in promotion to the SC/ST candidates on the posts in question.
The next document annexure-R/1/3 is nothing but repetition of the earlier office memorandum whereas a reference of the practice to reserve certain vacancies is to be followed but what was the practice and the order of providing reservation has not been placed before me.
Mr Mehta, learned counse, appearing for the bank, at this stage, submitted that even if reservation goes, petitioner would not be entitled to promotion as he is much below in the seniority thus while setting aside order of promotion of the respondents No.2 to 8, a direction for promotion of the petitioner may not be given.
The statement aforesaid was given by learned counsel when he failed to show order or circular for reservation.
Learned counsel for respondent No.2 also failed to show any rule or order/ circular to provide reservation in favour of SC/ST candidates. The respondent bank also failed to produce any document to show even a policy or practice of the bank to provide reservation and even extent of reservation in their favour.
Similar document as exist along with reply was considered by the Hon'ble Apex Court in the case of National Federation of SBI & ors, etc versus Union of India & ors, [AIR 1995 SC 1457]. Therein, similar type of office memorandum was held to be nothing but a concession and not reservation. In absence of any material to show reservation, this court is left with no option but to hold that the extent of the benefit of reservation to the respondents No.2 to 8 for promotion was illegal thereby their order(s) of promotion are set aside. The respondents are directed to fill resultant vacancies by promotion strictly as per the rules. The writ petition stands allowed with the aforesaid.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-J