ALL INDIA STATE BANK OFFICERS FEDERATION NATIONAL FEDERATION OF STATE BANK OFFICERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The All India State Bank Officers' Federation, which is registered as a trade union of the officers of the State Bank of India working throughout the country, is seeking to challenge a new promotional policy framed by the respondent-Bank on 7/3/1989 relating to the promotion from the post of Senior Management Grade Scale V to Top Executive Grade Scale VI.

(2.) The respondent-Bank was established by the State Bank of India Act, 1955 (for short "the Act") and according to Section 17 of the said Act its Management is entrusted to the central Board constituted under the Act. Under Section 43 of the said Act the Bank is empowered to appoint such number of officers, advisers and employees as it considers necessary or desirable for the efficient performance of its functions. Ss. (1 of Section 43 gives the Bank the power to determine the terms and conditions of the appointment of such persons.

(3.) The Bank framed State Bank of India (Supervising Staff) Service Rules, 1975, in exercise of its powers under Section 43 of the Act. These rules deal with various grades and scales of officers, conduct rules, salary, seniority, promotion, etc. Again, under Section 43 of the Act, the central Board of the Bank framed the State Bank of India Officers (Determination of Terms and Conditions of Service) Order, 1979 (hereinafter referred to as "dtcs Order"). This order deals with various grades and scales of officers, salary perquisites, appointments, probation, confirmation, promotion, age ofretirement rules, terminal benefits etc. The grades and scales of officers are as follows: "from 1/10/1979 (consequent upon revision From 1/2/1984 (consequent upon of service conditions) wage revision) Junior Management Grade I and all officers Junior Management Grade I Grade II Middle Management Grade Scale II Middle Management Grade Scale II Middle Management Grade Scale III Middle Management Grade Scale III Senior Management Grade Scale IV Senior Management Grade Scale IV Senior Management Grade Scale IV-A Senior Management Grade Scale V Senior Management Grade Scale V Top Executive Grade Scale VI Deputy General Managers Top Executive Grade Scale VI General Top Executive Grade VII Managers General Managers Top Executive Grade Scale VII Chief Top Executive Grade Special Scale I General Managers Chief General Managers Top Executive Grade Special Scale I Top Executive Grade Special Scale II Deputy Managing Directors Deputy Managing Directors"