STATE BANK OF INDIA Vs. K P SUBBAIAH

JUDGEMENT

(1.) , J.

(2.) LEAVE granted in SLP (C) Nos. 15808- 15811/98 and 2998-2999/99.

(3.) ON consideration of rival stands, the High Court observed that Part (a) of first question was to be answered in the negative while part (b) of the said question was to be answered in the affirmative. Question No.(ii) was to be answered in the affirmative; question no.(iii) in the negative and finally it was concluded that the bank's circulars dated 12.10.1985 and 24.11.1986 were upheld subject to conclusions at paragraph 23(d) of the judgment. The memos prepared by the bank revising the pay at the time of entry of the employees in the banks were quashed. It was declared that the bank was entitled to correct the mistake committed by them in revising the pay of the employees by fitment in the new pay scales under IV Bipartite Settlement on stage to stage basis and were also entitled to re-fix the pay and D.A. on the basis of their entry into service with reference to the new pay scales under the IV Bipartite Settlement. But while doing so, the total pay packet of the employees should not be less than the total pay fixed when the employees entered the service of the bank. In other words, the total pay fixed by the bank when the employees entered its service should be protected. Consequently, while re-fixing the pay and allowances payable to the employees as on the date of entry into service under circulars dated 12.10.1985 and 24.11.1986, the basic pay and D.A. of the employees should not be less than Rs.1319.99, Rs.1596.12, Rs.1380.50, Rs.1319.99, Rs.1582.61 and Rs.1582.61 respectively.