CHAIRMAN & MANAGING DIRECTOR CENTRAL BANK OF INDIA & ORS. VERSUS CENTRAL BANK OF INDIA SC/ST EMPLOYEES WELFARE ASSOCIATION

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 209 OF 2015

(arising out of Special Leave Petition (Civil) No. 4385 of 2010)

CHAIRMAN & MANAGING DIRECTOR CENTRAL BANK OF INDIA & ORS. …..APPELLANT(S)

VERSUS

CENTRAL BANK OF INDIA SC/ST EMPLOYEES WELFARE ASSOCIATION & ORS. …..RESPONDENT(S)

The issue which arises for consideration in these appeals lies within a narrow campus and is crisp one, though at the same time it is of seminal importance for the parties before us. It relates to the rule of reservation of the Scheduled Castes (SC) and Scheduled Tribes (ST) in the promotion in the officer grade/scale in the appellant Banks. There is no dispute that the appellant Banks, which are statutory/public sector banks, are following the applicable guidelines of the Central Government pertaining to reservation of SC and ST employees insofar as their promotion from clerical grade to officer grade is concerned. The question to be answered is as to whether there is any reservation in the promotions from one officer grade/scale to another grade/scale, when such promotions are made on selection basis. As per the appellant Banks, there is no rule of reservation for promotion in the Class A (Class-I) to the posts/scales having basic salary of more than 5,700/- and in the ₹ relevant instructions, issued in the form of Office Memoranda, only a concession is provided in the manner officers belonging to SC/ST category are to be considered for promotion. To put it otherwise, the position taken by the Banks is that there is no rule of reservation for promotions and the candidature of these officers belonging to these categories for promotion is to be considered on the basis of relaxed standards. The respondents, who are SC/ST Employee’s Unions of the appellant Banks or individuals belonging to such categories, dispute the aforesaid stand taken by the Banks. According to them, the circular issued by the Central Government expressly provides for such a reservation….read more