M.L.SHARDA Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Petitioner M.L. Sharda has filed this writ petition under Articles 226/227 of the Constitution of India seeking the following reliefs:

(2.) Briefly stated the facts of the case are that the Petitioner has retired from Army as Hawaldar on 31.1.1981. His basic pay, at the time of retirement, was Rs. 330/-, class pay Rs. 15/- and good pay Rs. 12/- plus other allowances. The Petitioner later on joined the service of Punjab National Bank Respondent No. 2 (for short PNB) as Peon-cum-Guard on 20.5.1982 in the pay scale of Rs. 245-455 plus special allowance of Rs. 34/-, as per 3rd Bipartite settlement, dated 1.8.1979. The last pay drawn by the Petitioner in the Army was also to be protected and fitment was also to be given to him in the PNB, w.e.f. 25.1.1983 as per Personnel Division Circular No. 741 dated 4.1.1984 (Annexure P-1). The pay scales of the PNB employees were revised by the 4th Bipartite settlement dated 17.9.1984 w.e.f. 1.7.1983. The Peon-cum-Guard was placed in the pay scale of Rs. 430-790 plus special allowance of Rs. 56/-. The Petitioner was made Peon-cum-Guard-Daftri on 1.5.1986 in the pay scale of Rs. 430-790 with special allowance of Rs. 56/-. The PNB issued PD Circular No. 953 dated 21.8.1986 (Annexure P-2) to remove the discrepancy between the Ex-Serviceman employees appointed in the PNB before 1.9.1978 and after 1.9.1978.

(3.) The pay scales of the PNB employees were again revised w.e.f. 1.11.1987 as per 5th Bipartite settlement dated 10.4.1989. The Peon-cum-Guard-cum-Daftri was placed in the pay scale of Rs. 815-1520 with special allowance of Rs. 101/- plus three stagnation increments after two years frequency. The 5th Bipartite agreement was supplemented by another agreement dated 23.2.1990 w.e.f. 1.11.1989 revising the pay scale of PNB employees. The PNB vide another Bipartite agreement dated 29.10.1993 had given one increment on account of computerization to its employees. In addition to this, vide settlement dated 29.10.1993, the PNB employees who were at the maximum of the scale and in the receipt of stagnation increments as on 1.11.1993, were given fixed personal allowance w.e.f. 1.11.1993. The Petitioner was also given the benefit of personal allowance of Rs. 50/- per month, which was later on revised to Rs. 119/- per month on 14.2.1995, but he has actually not been paid personal allowance of Rs. 119/- instead he has been paid Rs. 108.50p. per month w.e.f. 1.11.1993.