B N SHARMA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Petitioners and private respondents 3 to 40 were in the clerical service of Central Bank of India Ltd. (hereinafter called the erstwhile bank) prior to its nationalisation under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (hereinafter called the Act). The erstwhile bank had prescribed four grades for its different categories of employees which were grades 'D', 'C', 'B' and 'A' After the nationalisation for the bank the grades were revised into seven and categorised as grades 'G', 'F', 'E', 'D', 'C' 'B' and 'A'. Petitioners 1 to 16 were promoted to Grade 'F' (erstwhile Grade 'D') i.e. the lowest grade in the officers' cardres as Junior officers/Sub-Accountants. Rest of the petitioners and respondents were clerical staff. Applications were invited by the bank between 1969 to 1972 from clerical staff for undergoing six months training for the Post of Assistant Internal Auditor and Assistant Godown Inspector. First of such circular was dated 25th June, 1969. It was followed vide circulars dated 27th November, 1971, 24th August, 1972 and 16th October, 1972 respectively. One of the term of the circular was that the person found competent and suitable on the basis of the report received from the Internal Auditor or Godown Inspector would be posted and promoted to work as Assistant to Assistant Internal Auditor or Assistant to Assistant Inspector of Godown, as the case may be, in the bank's officers cadre in future vacancies. The post of Assistant Internal Auditor and that of Assistant Godown Inspector were categorised as Grade 'F'. Petitioners did not apply in response to these circulars. However, respondents did. Respondents No. 3,5,8, to 20,26,28 31, to 34, 36 and 39 underwent training for Internal Auditor whereas respondents 7,17,25,35,38 and 40 underwent training for Godown Inspectors. These respondents at the time of their selection were working as clerical staff of the bank. On successful completion of their training they were appointed as Assistant Internal Auditor and Assistant Inspector of Godown. Respondent, 4,5,21, to 24,27,29, and 30, they were direct appointees to the post of Assistant Internal Auditor/Assistant Godown Inspector.

(2.) That the respondents after being promoted to Grade 'F' made representation to the bank that they should also be granted and placed in grade 'D'. They pointed out that there was disparity of pay scale between the Internal Auditors selected from amongst Chartered Accountants and those posted after successfully completing the training. They wanted it should be removed. Respondent bank accepted this request of Assistant Internal Auditors and placed them in Grade 'D' and the Assistant Godown Inspectors in Grade 'E'. Respondent No.7 was promoted from Grade 'E' to Grade 'D' effective from date of his promotion to Grade 'F'.

(3.) Grievances of the petitioners was that in the said circular no mention was made that the Clerks who would be promoted to Grade 'F' would get further promotion direct to Grade 'D' or 'E' without any interview or passing qualifying test. No other category officer of the bank was able to complete with them for Grade 'D' or 'E'. Even while according seniority to Internal Auditors and Godown Inspectors from the date of their initial appointment in Grade 'F', similar treatment was not accorded to other category of officers. Petitioners were not aware of these events nor were made aware of the placements of respondents in higher grade until respondent No.5 Mr. H.S. Dhingra was made Chief Officer w.e.f. 1st March, 1977 i.e., from Grade 'D' to Grade 'C.'