In a huge setback to SC/ST employees in public sector banks, the Supreme Court has held that they are not entitled to reservation in promotion to officer posts from Scale-1 to Scale-6.
A bench of Justices J. Chelameswar and A.K. Sikri, which had allowed reservation for SC/STs last year, reversed its order while entertaining review petitions from the Union of India and public sector banks.
On a batch of writ petitions from the SC/ST Employees’ Associations, a single judge of the Madras high court held that these employees were not entitled for reservation in promotion. However, on appeal, a division bench held that they were entitled to reservation in promotion and directed the banks to make such a provision. The apex court set aside the Madras HC judgment which provided for SC/ST quota in promotions. Though the Centre did not file an appeal against the HC judgment, it preferred a review petition when the apex court endorsed the HC ruling.
Allowing the review, the bench held that in the matter of promotions in officer grades, there shall be no reservation for the officers belonging to the Scheduled Caste and Scheduled Tribe categories working in these banks. The bench rejected the argument of public policy pressed by SC/ST employees associations holding that such an argument is of no avail.
“We are conscious of the fervent plea raised by the respondent employees that employees belonging to the SC/ST category should be made eligible for promotion by providing the reservation in the promotional posts as well, as their representation is abysmally minimal. However, once we find an error apparent on the face of the record and to correct the said error, we have to necessarily allow these review petitions.”
Though the bench rejected quota for SC/STs, it said: “It is for the state to take stock of the ground realities and take a decision as to whether it is necessary to make a provision for reservation in promotions from Scale I to Scale II and upward, and if so, up to which post. The grievance of the employees belonging to SC/ST category is that there is negligible representation of employees belonging to their community in the officers’ category at all levels. Keeping in view the statistical figures which have been placed on record showing their representation in officers’ scales, it would be open to the concerned authority, namely the state and the banks, to consider whether their demand is justified and it is feasible to provide reservation to the SC/ST category.
