MADAN CHANDRA BRAHMA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This writ appeal is preferred against the JUDGMENT & ORDER dated 14.11.94 dismissing the petition preferred by the appellant relating to age of his retirement. According to the learned Single Judge the petitioner was liable to retire at the age of 58 years.

(2.) We have heard Shri N. Dutta, learned counsel for the appellant and Sri A.C. Sarma, learned counsel appearing on behalf of the respondent Central Bank of India.

(3.) The undisputed facts are that the appellant was appointed as Assistant in the Gauhati Bank on 9.6.69. The Gauhati Bank was merged with Purbanchal Bank with effect from 1.8.1975. Again the Purbanchal Bank was merged with the Central Bank of India with effect from 29.8.90. On merger of the Purbanchal Bank with the Central Bank of India, required provisions were made relating to the employees of the erstwhile Purbanchal Bank and a scheme of amalgamation of Purbanchal Bank with the Central Bank of India was promulgated under Section 75(7) of the Banking Regulations, 1949. This Scheme was notified on August 28,1990. It was to take effect from 29.8.90. clause 10 of the Scheme provides that all the employees of the transferer bank shall continue in service and deem to have been appointed by the transferee bank at the same remuneration and same term and conditions of service as applicable to such employees immediately before close of business on 14.7.90. According to Clause 11 of the scheme the transferee bank within a period of 3 years of the sanction of the scheme, had to pay or grant to the employees of the transferer bank the same remuneration and same terms and conditions of service which are applicable to the employees of the corresponding rank or status of the transferee bank subject to qualification and experience. From the provisions indicated above, it is clear that according to the scheme promulgated by the Central Bank of India all the employees of the transferer bank were to be continued on the same conditions on which they have been working and men within a period of three years of the sanction of the scheme they were to be brought at par with the corresponding rank or status of the employees and officers of the transferee bank. In pursuance whereof a decision was taken by the Central Bank of India dated May 6,1991, a copy of which has been filed as Annexure-F to the writ petition. it is about pay and other service conditions of officers and employees of erstwhile Purbanchal Bank which merged with the Central Bank of India on August 29,1990. It was with a view to bringing parity in pay and allowances and other terms and conditions of service of workmen of erstwhile Purbanchal Bank Limited as applicable to the employees of the Central Bank of India. Clause 3 of the said notification provides that Officer and employees of the erstwhile Purbanchal Bank would be governed by the Central Bank of India (Officers' Service) Regulations, 1979, with effect from April 1,1990. In regard to the seniority for the purpose of promotion etc. provision has been made in Clause 6 of the same notification. A formula has been indicated in Clause 6.1 and 6.2 as to the manner in which the seniority of the employee/ officers of the transferer bank was to be reckoned as officers of the transferee bank. One and half year of service rendered in Purbanchal Bank is to be treated as one year of service in the same scale of the Transferee Bank. Similar formula was indicated for the purpose of placing officers in the scale one of the Transferee Bank. Para 6.5 provides that for all other purposes such as provident fund, gratuity, eligibility for sanction of various loans etc. the length of service in the erstwhile Purbanchal Bank would be reckoned in full. That is to say, for all purposes other than those indicated in paragraphs 6.1 and 6.2 the full length of service as rendered in the transferer bank was to be given full account.