A K VERMA Vs. BANK OF INDIA

JUDGEMENT

(1.) The writ petitioners in these proceedings under Article 226 of the Constitution claim a declaration that the Bank (Officers') Service Regulations, 1979 are not retrospective and also that Regulation 7 has to be quashed or read down as it effects their previous period of service and seniority.

(2.) The respondent (hereafter referred to as "Bank of India") published an advertisement on 14.10.1977 inviting applications from eligible candidates, to fill the post of officers in technical cadres. The applicants had to possess bachelors' degree in Mechanical/Electrical/Electronics/Chemical Engineering from a recognized University with minimum five years in industry in the field of Projects/ Production/ Planning. It is not in dispute that the petitioners applied and were appointed to the post of Technical Officers. When they joined the services, the Bank of India (Service) Regulations enabled the reckoning of their service with the previous employer, for purposes of pay fixation. It is not disputed that all the petitioners were fixed in the pay scale by giving the benefit of their experience with their respective previous employers. The rule

(3.) On 30.5.1980, the Bank of India (Officers') Service Regulations, 1979 was brought into force with effect from 1.7.1999. That date was nominated as the"appointed date". The material portion of the Regulations is extracted as follows :-