THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.19896 of 1997 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the scheme enunciated in circular letter No.1997-98/33 dated 19.6.1997 issued by the second respondent as illegal and violative of Article 16(1), 16(4A) and 46 of the Constitution of India and direct the respondents to follow the rule of reservation within clerical cadre in various allowance carrying posts such as Special Assistant, Head Cashiers (A, B, C, D, E) and Computer Clerks etc. The grievance of the petitioner-Association seems to be that reservations as contemplated under Article 16(4A) are not being followed as per the circular dated 19.6.1997, therefore, the same are liable to be set aside. The third respondent filed a detailed counter denying the allegations made by the petitioner stating that the petitioner Association is not competent to represent the workmen staff. The members of the Petitioner Association are also the members of A.P. Unit of Federation of Bank of India Staff Union, who entered into Settlement with the management and signed Memorandum of Settlement under Section 2(p) and Section 18(1) of Industrial Disputes Act, 1947 read with Rule 58 of Industrial Disputes (Central) Rules, 1957 in regard to the promotion of Special Assistants as General Banking Officer. The members of the Petitioner Association are equally bound by the Settlement arrived at, as per law. Further, the Secretary Mr.T.Jogram is an officer and does not belong to workman staff and he cannot represent them in legal proceedings. Apart from this, in paras 11 and 12 of the counter, it is stated that; “In reply to para 9 to 11, it is submitted that the allegation that the employees belonging to SC & ST will be deprived of their rights, is wholly false. The allegation that the vacancies that were reserved in the notification dated 19.6.1997 will be reserved to the General Category is equally false as the Memorandum of Settlement do not provide for filling up of the reserved vacancies by General Category candidates. In fact, the Settlement provides that if the requisite number of candidates eligible and qualified for promotions as per the scheme are not available from SC candidates; the shortfall to the extent possible may be made up by taking eligible and qualified candidates from ST category and vice versa. There is no provision in the Settlement to allow vacancies reserved for SC & ST to be filled in by General Category candidates. The factual position will clearly show that interest of reserved category employees are not hampered inasmuch as against 78 reserved vacancies, 73 candidates belonging to reserved category is found suitable for promotion. Moreover there is no provision in the Settlement to fill in the reserved vacancies with General Category candidates in case of non-availability of reserved category candidates. It is denied that Article 16(1), 16(4A) and 46 of the Constitution are violated. In fact, the President of All India Bank of India SC, ST, OBC Association to which the petitioner association is affiliated to had applied for and participated in the promotion process under the very settlement under challenge. He did it without protest or demur which clearly shows that even the All India Association i.e. the parent body of the petitioner Association did not find any fault with the Settlement”. In view of the above, I am of the opinion that nothing survives for adjudication in this writ petition, therefore, the same is closed. No order as to costs. _____________ C.V.RAMULU, J Date: 21.2.2007 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.19896 of 1997 21.2.2007 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.19896 of 1997 Date: 21st February, 2006 Between: Bank of India, SC, ST & OBC Employees Association, A.P. Unit, rep. by T.Jogram, General Secertary, A.P.Unit, Hyderabad. .. Petitioner And The Chairman-cum-Managing Director, Bank of India, Express Towers, Nariman Point, Mumbai & others. .. Respondents