New Delhi: January 10
NEW DELHI: The Supreme Court has ruled that there could be no quota for
SC and ST employees for top posts in public sector banks but reservation
for them was permissible in posts from scale-I till scale-VI.
A bench of J. Chelameswar and A. K. Sikri held that though there was no
provision for reservation in promotion in banks for officers from
scale-I onwards but an office memorandum issued by Department of Public
Enterprises in November 2004 permitting quota up to scale-VI.
The bench informed that “the policy of no reservation in the matter of
promotion is applicable only from Scale-VII and above. It, therefore,
clearly follows that in so far as promotion from Scale-I to Scale-II,
Scale-II to Scale-III, Scale-III to Scale-IV, Scale-IV to Scale-V,
Scale-V to Scale-VI are concerned , reservation is to provided ”. The
bench said: “It is clarified that at present there is no provision for
reservation in promotion by selection only in respect of those posts
which carry an ultimate of 5,700/- per month (revised to 18,300 and
20,800/- per month in respect of those public sector undertakings
following IDA pattern). Qua (with regard to) appellant Banks, that would
be in respect of Scale-VII and above. Therefore, to carry out
promotions from Scale-I upwards upto Scale-VI, reservation in promotion
in favour of SC/ST employees has to be given.”
The court passed the order on a bunch appeals filed by banks challenging
the Madras HC order directing them to provide reservation on the ground
that there is no adequate representation of SC/ST category of officers
in Group-IV and above.
The apex court held that HC in its verdict of 2009 has gone by the lofty
ideals enshrined in Articles 15 and 16 of the Constitution as well as
the fact that in there banks there is no adequate representation of
SC/ST category of officers in Group-IV and above.
“That may be so. It can only provide justification for making a provision of this nature.
“However, in the absence of such provision, same cannot be read by
overstretching the language of office memorandum dated August 13, 1997″,
it said.
Clarifying its verdict, the bench said, it would have the effect of
allowing the writ petitions with directions to the appellant banks to
make provision for reservations while carrying out promotions from
Scale-I to Scale-II and upward upto Scale-VI.
Source: www.govemployees.in
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