CANARA BANK OFFICERS ASSOCIATION Vs. CANARA BANK REP

JUDGEMENT

(1.) This is an appeal against the dismissal of the appellants/petitioners' writ petition before the learned single Judge wherein they had challenged the dismissal of their representation wherein, they had prayed for the enhanced basic salary of Rs.860/-. In the writ petition, they had also sought a declaration that such benefit of the enhanced salary should be given to the second petitioner and 110 officers like him, who were appointed in pursuance of an advertisement dated 14-5-1979. The claim was on the basis of the contention that such relief was given to the officers who were appointed in pursuance of an advertisement issued on 1-9-1977 and who were the trainee officers on the crucial date of 1-7-1979 and were appointed as Probationary Officers with effect from 9-8-1979. It is to be seen that on 1-7-1979, the Pillai Committee's recommendations came into force and so also the regulations governing the service conditions of the Canara Bank. It was an admitted position that the persons like the second petitioner came to be appointed only on 30-1-1980 in pursuance of the second advertisement dated 9-5-1979. In short, a parity was claimed with the officers, who were appointed in pursuance of the advertisement dated 18-11-1977, on the ground that even those officers were appointed as Probationary Officers after 1-7-1979 i.e. on 9-8-1979 and the petitioner was also appointed after that date but, whereas the other officers were given the basic scale of pay starting from Rs.860/-, the petitioner was fixed in the basic scale starting from Rs.700/- and that was discriminatory.

(2.) Learned single Judge did not accept this position and finding that the petitioner's case could not be compared with that of the other officers who were earlier appointed on 9-8-1979, the petition came to be dismissed. Aggrieved by this, the second petitioner as also the Canara Bank Officers Association come before us.

(3.) Following are the basic facts: The first advertisement for the post of Officers in the respondent Bank came on 1-11-1977. It provided that such selected persons would be appointed initially as the Trainee Officers on a remuneration of Rs.600/- per month and after successful completion of the training period, they would be appointed on probation for a period of one year on the basic pay of Rs.470/- per month plus the admissible allowances and their total salary would be between Rs.1192/- and Rs.1312/- per month, depending upon their place of posting. Some persons were selected and ultimately these persons came to be appointed on 9-8-1979 on probation on the basic salary of Rs.470/- per month. However, this minimum limit of Rs.470/- was held commensurate to Rs.860/- and their pay fixation was accordingly made on that basis. The second advertisement was issued on 14-5-1979 where also, it was provided that the period of training would be six months whereas, after six months they would be put on the probation of six months on the initial pay of Rs.1470/- per month and their total emoluments would vary from Rs.1260/- to Rs.1382/- per month, depending on the place of their posting. In pursuance of this advertisement, about 110 persons like the petitioner were appointed and their appointment order came to be passed on 30-1-1980. The persons like the petitioner, however, were not required to undergo any training and they were straight away appointed on probation of Rs.470/- per month. It was further provided in this advertisement that inasmuch as the terms and conditions of service and emoluments of officers are likely to be revised in which event the appointment will be subject to such terms and pay scales as may be operative at the time of appointment. It is noteworthy that the Government had appointed a Committee to consider the wage structure of the bank officers, which was called Pillai Committee and the recommendations of the said Committee, in case of Canara Bank, came into force from 1-7-1979, on which date, the regulations governing the service conditions of the Canara Bank officers were also passed and made applicable.