NATIONAL FEDERATION OF S.B.I. AND ORS. ETC. versus UNION OF INDIA AND ORS.

NATIONAL FEDERATION OF S.B.I. AND ORS. ETC. versus UNION OF INDIA AND ORS.

There is no reservation in favour of SC/ST in promotion by selection to Class-I posts in public sector banks in the absence of a specific order, rule or Memorandum; only concessions as specified in the Office Memorandum dated March 26, 1970 are applicable, and the Forty Point Roster cannot be applied where no reservation rule exists.

Parties
Petitioner: National Federation of S.B.I. and Ors. etc.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
10 March 1995
Procedural Posture
Writ Petition (c) No. 896 of 1990 Etc. Etc. / Supreme Court Final Disposition
Outcome
Petitions disposed of; directions issued.
Legal Topics
Promotion, Reservation in Promotion, Concessions for Sc/st, Interpretation of Government Orders
Service Law Constitutional Law Promotion Reservation in Promotion Concessions for Sc/st Interpretation of Government Orders

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Parties

National Federation of S.B.I. and Ors. etc.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (c) No. 896 of 1990 Etc. Etc. / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether there could be reservation in favour of SC/ST in promotion by selection to Class-I posts when there is no specific order, rule or Memorandum.
  2. 2 Whether the Forty Point Roster can be applied to carry out reservation in absence of such rule or reservation.

Ratio Decidendi

There is no reservation in favour of SC/ST in promotion by selection to Class-I posts in public sector banks in the absence of a specific order, rule or Memorandum; only concessions as specified in the Office Memorandum dated March 26, 1970 are applicable, and the Forty Point Roster cannot be applied where no reservation rule exists.

Court Disposition

Petitions disposed of; directions issued.

Orders

  • Respondents to apply, implement and follow the concessions contained in Para 2 of the Office Memorandum dated March 26, 1970 in promotions in Class-I to be made hereafter.
  • Promotions to Classes-II, III and IV and promotions from Class-II to the lowest rung or category in Class-I to follow the orders in Office Memorandum dated July 11, 1968.