Reservation in promotions in psbs - sc judgement
Mysore Kapaniah
(Querist) 15 May 2015
This query is : Resolved
Dear Sir, SC had passed a judgement in January 2015 upholding Madras HC judgement on providing reservations up to grade VI in officers' cadre in PSBs and FIs.The case centred around a DoPT circular regarding such reservations in PSBs/FIs. It is understood that a review petition has been filed on this SC judgement. It is understood that many of the PSBs have not followed the SC judgement while carrying out promotional procedures during this year stating that they are waiting for instructions from the Ministry of Finance to implement the SC order, while some have come out with revised policies providing for reservations up to grade VI. As review petition is not a stay on SC order on a case which revolved around the original DoPT circular issued to all the banks and FIs kindly advise if the PSBs are right in their stand for not implementing the SC order of January 2015 'till further orders/instructions' from the ministry of Finance.Under what circumstances the PSBs may withhold implementation of SC order and go ahead with the process of promotions in defiance of SC order.Grateful your well appreciated advice. With best regards.
Guest
(Expert) 15 May 2015
Does the Madras HC judgement on providing reservations up to grade VI in officers' cadre in PSBs and FIs specify that the order should be implemented in all the PSBs/FIs instead in the specific case of the specific litigant/s?
Please provide text of the judgment of the HC for interpretation of the order.
Mysore Kapaniah
(Querist) 15 May 2015
Dear Shri Dhingra,
Madras HC and SC order on this case is based on the various constitutional amendments which apply uniformly to all PSBs and Public sector FIs. The Supreme court judgement has clearly brought out facts of the case vis-a-vis HC judgement.In this case appellants being only 2 PSBs whether a stand can be taken that the SC judgement is applicable to only these two banks is a question as reservation policy is uniform all across the PSBs/FIs and guided by the Central govt. directives.kindly advise.In the Institution I am working for there is no Sch.Caste representation in grade VI although as per the reservation norms 2 posts have to be reserved for SCs.Grateful your advising me on the matter.Regards
Guest
(Expert) 15 May 2015
Mr. Mysore Kapaniah,
Please re-read my reply wherein I have not asked you about your interpretation or whatever you know about the judgment. I asked you to produce (reproduce) the text of the judgmentof the HC for interpretation of the order. I am not concerned what is your own interpretation about the judgment or about grade VI posts. But you have not reproduced the order of the HC.
A question arises, do you feel that all the Grade-VI Officers posts in all the PSB's are of the same level, rank and pay scales?
You should know that any judgment in individual case has no universal application to all the cases of similar nature, unless made all concerned are made party to that case or if there is no specific order of the court to apply that judgment to all similar cases in all the different organisations. The benefit is not extended automatically to all others, who had not been the party of the case or the judgment is not specifically translated in to the Government of India's decision/ order/ instruction.
So, PSBs are not bound to follow any judgment pertaining to individual cases, unless that relates to their own organisation or gets direction from the DOPT/PSEB or the PSU Board prefers to follow on its own discretion to settle similar cases once for all without waiting for any court case.
However, if there is any similarity in your case, you can make request to the competent court of law to allow the same benefit as a special case on the analogy of that judgment.
Rajendra K Goyal
(Expert) 16 May 2015
Well advised, agree with the expert PS Dhingra ji.
