In a significant judgment, the supreme court has ruled that SC and ST employees in public sector banks are entitled to reservation in the promotion of officer grade and directed banks to provide quota for these employees in the Promotion from Management Grade Scale-I (Scale-I) upto Scale VI officers.
What happens if there aren't SC/ST applicants?
While disposing of a batch of petitions on the issue, the court, however, clarified that promotion in the officers cadre cannot be given on the ground of non-adequate representation of SC/ST employees.
What dis Central Bank want?
The court rejected the Central Bank of India 's argument that there is no rule of reservation for promotion in the Class A (Class-I) to the posts having basic salary of more than Rs 5,700 and their promotion should be based on the standard of performance.
According the bank, the rule of reservation is followed for promotions from clerical grade to the lowest rank in the officer Grade (scale-I) but for above scale only a concession for promotion is provided for officers belonging to SC/ST category,but there is no mandatory provision of reservation.
What prompted SC ruling?
A bench of justices Chelamenswar and AK Sikri has allowed the pleas of SC and ST bank employees while relying on an office memorandum of the Department of Public Enterprises issued on November 8, 2004 under which, the salary limit has been revised from Rs 5,700 to Rs 18,300 as per the 5th Central Pay Commission and in the case of Public Sector Undertakings like banks the limit is fixed at Rs 20,800.
"…..The said pay ceiling is achieved in the appellant Banks only when an officer reaches Scale-VII. As a result, the policy of no reservation in the matter of promotion is applicable only from Scale-VII and above. It, therefore, clearly follows that insofar 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 be provided. The appellant Banks, therefore, cannot take umbrage under the Memorandum (1997) and deny reservation in favour of SC/ST employees while carrying out promotions upto to Scale-VI," the bench said.
What worries banks?
The bench rejected the bank's contention that grant of reservation in promotion from Scale-I level onwards would affect efficiency and the officers belonging to SC/ST have been promoted only on the basis of their own merit/performance.
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Right to pension cannot be taken away pending proceedings: Apex Court-HBL
Observing that gratuity and pension are hard earned benefits of an employee and right to receive pension is in the nature of “property”, the Supreme Court has held that this right cannot be taken away from a government employee pending departmental or criminal proceedings.
“It is an accepted position that gratuity and pension are not the bounties. An employee earns these benefits by dint of his long, continuous, faithful and un-blemished service. It is thus hard earned benefit which accrues to an employee and is in the nature of “property”.
“This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A of the Constitution of India,” a bench of justices K.S Radhakrishnan and A.K Sikri said.
The court passed the judgement while dismissing the appeal of Jharkhand government against the state’s high court order directing it to release the withheld dues of its retired employee Jitendra Kumar Srivastava, who had criminal cases pending against him.
“We are of the opinion that the right of the petitioner (Srivastava) to receive pension is property under Article 31(1) (of the Constitution) and by a mere executive order the State had no power to withhold the same.
“The order dated June 12, 1968 denying the petitioner right to receive pension affects the fundamental right of the petitioner under Articles 19(1)(f) and 31(1)of Constitution, and as such the writ petition under Article 32 is maintainable,” the bench said.
It also said “a person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution. It follows that attempt of the appellant to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced.”
The state government had moved the apex court challenging the October 31, 2007 order of a division bench of the high court which had held that under the Bihar Pension Rules, the government does not have power to withhold gratuity and pension during the pendency of departmental or criminal proceeding and or withhold leave encashment at any stage either prior to or after conclusion of the proceeding.
The order of the high court had come on a writ petition filed by the petitioner, who had retired from the post of Artificial Insemination Officer, Ranchi in 2002, seeking release of part of his pension and other dues.
He had joined the Department of Animal Husbandry and Fisheries in Bihar government in 1966. In 1996 two cases were registered against him under various sections of Indian Penal Code and also Prevention of Corruption Act for alleged financial irregularities during the years 1990 and 1991 when he was posted as Artificial Insemination Officer, Ranchi.
After formation of state of Jharkhand, he became the employee of that state while his prosecution in two criminal cases remained pending.
After his retirement in 2002, the government sanctioned 90 percent provisional pension while remaining 10 percent pension and salary of his suspension period was withheld pending outcome of the criminal cases/departmental inquiry against him. He was also not paid leave encashment and gratuity
High Court Says Campus Hiring By Banks is Illegal and Unconstitutional
This refers to Mumbai High court judgement pronounced Today in a case related to Central Bank of India . The Bombay high court on Tuesday held that its ( bank’s ) recruitment policy, which allows campus recruitment/interview method for appointment of officers against permanent vacancies on regular basis, was illegal and unconstitutional.
Read Full article in following link
India does not need good officers. India need flatterers who are always ready to say YES on all right or wrong orders of his boss.Officers has to extend red carpet welcome to his boss, he has to earn bribe and share with bosses honestly,offer precious gift on all his visit to this office, offer valuable gifts on all functions , arrange five star hotels for his boss as well as for kith and kin of his boss. Only such officer can survive and others have to keep their head low. None of court can ensure justice for honest officers and none of the courts can punish ill-motivated bosses or politicians.
As soon as Chief Minister of Haryan prevailed upon IAS officers of districts to submit report in favour of Vadra, they blindly prepared a report as per whims of CM . After all , it is CM who will promote him out of turn , who will give him cream posting and who will save him from punitive action whenever his ill-earned money is caught and whenever his corrupt practice is exposed.
Person like Khemka has to face the music. He had to face 43 transfers in 20 years. There are hundreds of such IAS and IPS officers who have faced frequent transfers and critical posting only because he or she tried to perform work in legal framework and not as per whims and fancies of his bosses or as per sweet will of powerful politicians.
There are hundreds of such instances in banks also when officers are transferred to remote branches when he fails to bey illegal orders of their bosses. Such non-flatterers are denied their right of promotion , they are frequently transferred and tortured in all possible manners.
As soon as Chief Minister of Haryan prevailed upon IAS officers of districts to submit report in favour of Vadra, they blindly prepared a report as per whims of CM . After all , it is CM who will promote him out of turn , who will give him cream posting and who will save him from punitive action whenever his ill-earned money is caught and whenever his corrupt practice is exposed.
Person like Khemka has to face the music. He had to face 43 transfers in 20 years. There are hundreds of such IAS and IPS officers who have faced frequent transfers and critical posting only because he or she tried to perform work in legal framework and not as per whims and fancies of his bosses or as per sweet will of powerful politicians.
There are hundreds of such instances in banks also when officers are transferred to remote branches when he fails to bey illegal orders of their bosses. Such non-flatterers are denied their right of promotion , they are frequently transferred and tortured in all possible manners.
http://generalknowledgeblogs.blogspot.in/2012/10/india-does-not-need-honest-officers.html
http://www.allbankingsolutions.com/Articles/Articles-DJ-revisit-promotion-process.htm
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