K. B. JOSHI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Though directed against the order dated 07-10-2011 and 14-10-2011 which are the Scheme for Career Progression within the cadre one time relaxation of career progression scheme in respect of employees of State Bank of India and State of Saurastra (the State Bank of Indore which the present case relates to was acquired by way of amalgamation by the State Bank of India vide Acquisition of Bank of Indore order, 2010, published with Gazette of India: Extraordinary : Part II Section 3(i) dated 28th July, 2010). The challenge however is confined to specific clause i.e., Clause V of the Scheme which stipulates that if erstwhile employees of State Bank of Indore refuse to accept the in-cadre promotion to the post of SeniorSpecial Assistant or Special Assistant or Senior Assistant offered in the current year or in future, the payment of special pay they were drawing as per e-SBIN norms will be stopped forthwith and they shall be treated as Assistants in State Bank of India with attendant special pay and duties and responsibilities.

(2.) Facts not in dispute are that prior to merger of his service with State Bank of India the petitioner was an employee of State Bank of Indore initially appointed on 1-11-1978 as Clerk-cum-Cashier cum Godown Keeper and after earning due promotion was holding the post of Special Assistant drawing special pay of Rs. 1180 as per the policy in vogue in State Bank of Indore.

(3.) That at the time of absorption in the State Bank of India the career progression policy which was in vogue was as settled vide bipartite settlement dated 12-04-1999 arrived at between the State Bank of India and All India State Bank of India staff Federation which was revised on 22-07-2003, 16-06-2005, 23-10-2006, 29-08-2009 which led to framing of policy for in-cadre promotion to clerical staff on completion of certain number of years of service and fulfilling requisite criteria. That under settlement dated 29-08-2009 it was decided that a Senior Assistant having put in 10 years of service would draw special pay per month Rs. 1470; special Assistant on completion of 20 years would draw special pay per month Rs. 2450 and Senior-Special Assistant on completion of 30 years would draw special pay per month Rs. 2430 + 3500.