J S DALAL Vs. BANK OF INDIA

JUDGEMENT

(1.) In this writ application, the petitioner has sought for a direction to the respondents for giving him the benefit of past service rendered by him as an Officer Grade 'D' in the Bank of India and also for quashing the decision of the respondents reducing the salary of the petitioner and fixing the same at Rs. 1,680.00, and directing the respondents 1,2 and 3 to fix the Basic Pay of the petitioner at Rs. 1,700.00 in the Middle Management Grade, Scale II and consequent thereto promotion of the petitioner to the Middle Management Scale, Grade III and also the consequential benefits.

(2.) The petitioner was initially appointed as an Officer in Grade 'D' in the Bank of India (hereinafter referred to as "Bank") with effect from 2.7.1973. The petitioner was drawing a basic scale of Rs. 400.00 - Rs. 1,000.00 at the relevant time in which he was drawing Rs. 580.00 sometime in the year 1978. Nearabout the same time, the Bank issued an advertisement for filling up certain posts of Industrial Relation Officers for its Personnel Department at various centres in India in terms of which the aforesaid posts were to be filled up through the process of direct recruitment.

(3.) Subsequently, however, the Bank issued a Memorandum on 14.7.1978 communicating the decision of the Bank to consider applications of the various officers of the Bank who fulfil the eligibility norms as laid down in the aforesaid advertisement. In the said Memorandum it was, however, made clear that the Officers of the Bank who seek to apply against the aforesaid posts on their appointment to the said posts would be treated as specialist and would not carry the career opportunities of the Generalists. The aforesaid clarification was issued by the Bank so as to keep the inside candidates at par with the other outside candidates. It was further made clear that upon selection, the officers who were employees of the Bank would have to resign from their services in the Bank and would join as fresh recruits on probation and they would have no lien on their previous service.