TMI Blog2004 (1) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... .1988 was issued by the Respondent Bank notifying the eligibility criteria for internal promotion to the posts of Officers and Field Supervisors. The Board of Directors of the Bank passed a resolution dated 10.11.1989 approving the proposal to fill in 23 posts of Officers and 45 posts of Field Supervisors by promotion fixing the cut off date for eligibility therefor as on 31.8.1989. The promotions were to be made on application of the principle of seniority-cum-merit. Out of 45 posts of Field Supervisors, 13 including the backlog were proposed to be reserved for Scheduled Tribe Category. On or about 27.11.1989 the Respondent Bank issued another circular bearing No. HO/ST/Gr No. 43/89 notifying the vacancies. Writ Petition No. 255/1990 was filed by the respondent No. 1 herein questioning the cut off date of 31.8.1989 fixed by the Bank for deciding the eligibility of its employees for promotion to the posts of Field Supervisors and Officers. On 2.2.1990, the High Court passed an interim order in the said Writ Petition in the following terms: Notice before admission returnable within four weeks. Interim relief in terms of prayer clause (C) in the meanwhile . Thereafter th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the said circular dated 8.11.1988 was issued for the purpose of frustrating the reservation policy did not find favour with the High Court, as upon a perusal of the select panel, it became explicit that the candidates from the SC categories had been appointed. The High Court further observed that even if in place and stead of 31.12.1989 being the cut off date the same was to be taken as 31.3.1990, nothing had been brought on records to show that any Scheduled Tribe candidate would have become eligible. The High Court further opined that the Scheduled Tribe candidates having been appointed sometimes in the year 1994 onwards, the requirements of six years service as set out in the rules could not have been waived by the Bank by its impugned resolution. It, however, came to the conclusion that reservation policy being in issue in the said writ petition, the challenges raised therein should not limit the scope thereof. Keeping in view the subsequent action taken by the Bank including the issue of dereservation and appointment of open category candidates to the respective posts pursuant to the decision of dereservation, the High Court proceeded to analyse the requirements for no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 29 vacancies are existing in the Bank as the concerned employees have either resigned, dismissed or died, the appellants as also the Scheduled Tribe Candidates can be accommodated against the said posts. It was urged that although the Association itself did not question the order of promotion, the same was done by Ashok in his writ petition and, thus, the High Court cannot be said to have committed an error in passing the impugned judgment. Furthermore, 13 other writ petitions were filed by other employees of the Bank questioning the appointment of the appellants herein which had also been disposed of relying on or on the basis of the impugned judgment. It was argued that the Bank was not correct in raising the contention before the High Court that no eligible Scheduled Tribe candidate was available for promotion to the posts of officers as on 31st December, 1985 as two persons names of whom appeared at Sl. Nos. 67 and 87 of the Seniority List were members of Scheduled Tribe. It has been contended that as on today as many as 13 Scheduled Tribe candidates are available for promotion to the post of Officers and, thus, this Court may direct the respondent Bank to adjust the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the officer grade, of the respondent Bank and, on the contrary, there exists an excess manpower in the said grade. ii) It further needs to be kindly considered by your Lordships that the accumulated losses of the respondent bank are to the tune of ₹ 53.47 cores as on 31.3.2001. In view of the implementation of manpower planning norms and in view of the accumulated losses of the respondent Bank, it is not possible for the respondent Bank to add manpower in officer cadre, without getting the corresponding number of posts vacated, inter alia, by reversion of the petitioner. GRANT OF PROMOTIONS : The respondent Bank is a Regional Rural Bank established under the Regional Rural Banks Act, 1976 of which the Bank of Maharashtra is the sponsor Bank. It appears that in terms of an award issued by the National Industrial Tribunal in 1991 which was given retrospective effect from 1.9.1987, 23 vacancies in officers cadre (Junior Management-I) and 45 vacancies in Field Supervisors cadre (which have since been merged in the officers' cadre) were identified for being filled in by internal promotion from amongst the eligible Field Supervisors and clerks working in the Ban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pursuant whereto and in furtherance whereof the appointments in questions were made. DERESERVATION : It appears that the respondent Bank initially reserved 8 posts of 'officers' for the Scheduled Tribe Candidates and 13 thereof for the posts of 'Supervisors'. Chapter VII of the brochure admittedly laid down the procedure for dereservation. Clause 7.6 provides for carry forward of reservations whereas Clause 7.7 deals with exchange of reservation between SC/ST and vice-versa. Clause 7.9 provides for reservation and carry forwarding of a single vacancy reserved for scheduled caste or scheduled tribe candidates which may be filled up by a general candidate, as the case may be. As regard difficulty in carrying out the policy of reservation it appears that the Central Government by a letter dated 19th September, 1989 advised the respondent Bank to approach the Sponsor Bank for guidance and only in the event a specific issue arises, a reference was required to be made to the Government through the Sponsor Bank. The Bank of Maharashtra admittedly having been approached to give approval for the proposal of dereservation by the respondent Bank having regard to no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted to be withdrawn indisputably were necessary parties. In their absence, therefore, the writ petition could not have been effectively adjudicated upon. In absence of the 'Promotees' as parties, therefore, it was not permissible for the High Court to issue the directions by reason of the impugned judgment. ANALYSIS : It is not the contention of the Association that procedures for effecting promotion had not been followed. The promotees were, admittedly eligible for promotion and they had, thus, legally been promoted. The only question which was raised related to compliance on the part of the Bank as regard the procedure of dereservation. The High Court, therefore, was required to consider the said question only in the event, the factual foundation therefor had been laid down in the writ petition. The Association did not file even any supplementary affidavit or an application for amendment of the writ petition praying for a relief as regard quashing of the order of dereservation or bringing the appellants herein as parties thereto in the writ petition. In absence of any challenge to the order of dereservation and in absence of the Promotees having been impleaded a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 565: (1985) 3 SCR 243) at p. 269.) If a cut-off date can be fixed, indisputably those who fall within the purview thereof would form a separate class. Such a classification has a reasonable nexus with the object which the decision of the Bank to promote its employee seeks to achieve. Such classifications would neither fall within the category of creating a class within a class or an artificial classification so as to offend Article 14 of the Constitution of India. Whenever such a cut-off date is fixed, a question may arise as to why a person would suffer only because he comes within the wrong side of the cut-off date but, the fact that some persons or a section of society would face hardship, by itself cannot be a ground for holding that the cut-off date so fixed is ultra vires Article 14 of the Constitution. In State of W.B. v. Monotosh Roy Anr. [(1999) 2 SCC 71], it was held : - 13. In All India Reserve Bank Retired Officers' Association v. Union of India, 1992 Supp (1) SCC 664 : 1992 SCC (L S) 517 : (1992) 19 ATC 856 a Bench of this Court distinguished the judgment in Nakara, (1983) 1 SCC 305 : 1983 SCC (L S) 145 and pointed out that it is for the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that the Association had failed to prove any malice on the part of the authorities of the Bank in fixing the cut off date. A plea of malice as is well-known must be specifically pleaded and proved. Even such a requirement has not been complied with by the writ petitioners. CONCLUSION : An upshot of the above discussions is that the High Court could not have issued the impugned directions in absence of the promotees having not been impleaded as parties. Furthermore, the order of dereservation was not under challenge. In these appeals, this Court is not concerned with the effect of the orders passed by the High court in the writ petitions filed by 13 Scheduled Tribe candidates. We must, however, notice that it has been stated at the Bar that the said writ petitions had been disposed of only relying on or on the basis of the impugned judgment. What would be the effect of the orders passed in the said writ petitions is not a matter which we have been called upon to determine. Suffice it, however, to point out that in relation to the said orders also the requisite consequences of setting aside the judgment of the High Court must ensue and it would be open to the High Co ..... 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