AVTAR SINGH Vs. NEW BANK OF INDIA

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition No. 2696 of 1990 and Civil Writ Petition No. 4463 of 1990 as identical question of fact and law are involved in both the petitioners. Facts have, however, been extracted from Civil Writ Petition No. 2696 of 1990.

(2.) Petitioners Avtar Singh and others who were all Managers in New Bank of India at various places seek directions to be issued to the respondents to call them for interview for filling the posts of Middle Management Grade Scale III as they are senior to the persons who have been so called for interview. The facts on which the relief aforesaid has been asked for reveal that all the petitioners are working in New Bank of India at various places located in the States of Punjab, Haryana and Chandigarh. Respondent No. 1 is a nationalised Bank wholly owned by the Government of India and in its present form it came into existence on the promulgation of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980. By virtue of provisions contained in Section 4, the management and control of then existing Bank i.e. New Bank of India Ltd. was transferred and was vested in the newly created New Bank of India. Prior to the nationalisation of the Bank, there was in existence hierarchy of posts as indicated below.--

(3.) The petitioners were, however, in the last category namely officers (Scale Rs. 400-1100) which was for Managers and it was revised to Rs. 700-1800 for Accountants. As per table reproduced above, the category of officers was in the pay scale of Rs. 400-1000 for Managers which was revised to Rs. 700-1800/- for Accountants. The category of officers consisted of Managers and Accountants. The Managers were equated to the higher posts and in fact they were promoted from the posts of Accountants. A person who was considered fit for promotion was placed above the Accountant and while doing so he was given certain perks. The Bank also provided them a vehicle and extra allowance for petrol as also allowance for the post. The confidential reports of the Accountants were also recorded by the Managers.