SYNDICATE BANK OFFICERS ASSOCIATION Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The 1st Petitioner is the Syndicate Bank Officers Association represented by its General Secretary and petitioners 2 to 9 are the Officers of the Bank. The Syndicate Bank is a public sector Bank duty constituted under the Banking Companies (Acquisition and Transfer of undertakings) Act, 1970. In the year 1979, the Syndicate Bank (Officers) Service Regulations (hereinafter referred to as New Regulations) were made by the Board of Directors with effect from 1/07/1979 altering the conditions of service of officers including emoluments, increments, promotion rules and other conditions of service existing as on 30/06/1979. Earlier some writ petitions were filed by the officers challenging the new service regulations and during the pendency of the writ petitions, the Bank took up the task of promoting officers to higher scales, A joint consent memo was filed before Court and on that basis an order was passed. Thereafter, the Board of Directors adopted a comprehensive promotion policy for promotion of officers from one grade/scale to another grade/scale in different grades. A circular No. 128/80/BC/PD/34 dated 30/04/1980 was circulated to all its officers. While matters stood thus, the respondent-bank sent a telex message to the petitioners-association on 4/03/1980 informing that the Board of Directors had, at its meeting held on 18/02/1982, modified the points for seniority to be awarded to officers while considering their promotion. The resolution of the Board of Directors changing the system for awarding the points was also communicated. The Syndicate Bank Officers Association, by its letter dated 6/03/1982, informed the bank authorities that the modification had adversely affected the promotion chances of 200 officers in scale II. According to the petitioners as a result of the modification of points to be awarded to officers for seniority made by the Bank, the promotion chances of 200 senior-most officers in scale-II including petitioners 2 to 9 have been affected and that the juniors chances of getting promotion are enhanced and the promotion chances of 113 officers who have completed 9 years of service are also affected. Therefore, according to the petitioners this alteration made by the respondent-bank is illegal and in violation of Articles 14 and 16 of the Constitution of India and is liable to be struck down.

(2.) To consider the grievance of the petitioners, it is necessary to extract the system of allotting the points as provided by the circular dated 30/04/1980. Paragraph 4, 1, 2 of the circular provides for allotting the necessary points for seniority. For the present writ petition we are concerned with the officers of the Middle Management Grade Scale-II and paragraph 4, 1, 3 of the circular prescribed the points that are to be awarded for these officers for seniority. To have a better understanding of the plea that the petitioners are affected, it becomes necessary to compare both the systems of awarding the points for seniority in juxtaposition.@@ CHART I ---------------------------------------------------------------------- POINTS Years of completed Before After service in Scale-II Modification Modification ---------------------------------------------------------------------- 5 years and over but less than 6 years 0 10 6 years and over but less than 7 years 10 20 7 years and over but less than 8 years 20 30 8 years and over but less than 9 years 30 40 9 years and over 40 40 CHART II -------------------------------------------------------------------- POINTS Years of completed Before After service as an officer Modification Modification -------------------------------------------------------------------- 10 years and over but 0 10 less than 11 years 11 years and over but less than 12 years 10 20 12 years and over but less than 13 years 20 30 13 years and over but less than 14 years 30 40 14 years and over 40 40@@ According to the petitioners, the officers who have completed 9 years of service or more in scale II or 14 years of service or more as an officer were entitled for 10 points more than the officers who have completed 8 years in scale II or 13 years of service as an officer. Under the old system officers who have put in 5 years of service and over but less than 6 years were not given any points, but they are given 10 points now and officers who have put in 8 years of service and over but less than 9 years were given 30 points under the old system, but under the modified system, they are given 40 points and thereby they are treated on par with the officers who have put in 9 yeas of service and over. Similarly, officers who have put in 13 years of service and over under the next grade as an officer are given only 30 points under the old system, but under the new system they are given 40 points and are brought on par with the officers who have put in 14 years of service and over. According to the petitioners, this alteration has affected the promotion chances of 200 senior most officers inn scale II and 113 officers who have completed 9 years of service, inasmuch as they are brought on par with the officers who have completed 8 years of service in awarding the points. It is also stated in the affidavit that the officers including petitioners 2 to 9 were not given an opportunity before making this alteration. Questioning this alteration in awarding points for seniority writ petition is filed and pending the disposal of the writ petition stay also was sought.

(3.) It may however, be mentioned here that the interview letters were issued prior to 25/01/1982 and all the officers appeared for interview. The results were announced and the petitioners-association however asked the bank to publish the results giving full details such as the points awarded for seniority, performance appraisal and interview. The further grievance is that the bank has not communicated to its officers the point secured by each of the officers.