H S KUMAR Vs. S B I

JUDGEMENT

(1.) Both the appeals have been filed against the same order, dated April 3, 2001, passed by a learned single Judge and as such they have been heard together and are being disposed of by this common order. The learned single Judge, by the aforesaid order, has remitted the matter to the authorities to consider the matter afresh regarding the appointment of computer operators in the concerned branch of the State Bank of India.

(2.) The writ petitioner-respondents filed the writ application for quashing the order dated February 5, 2001, passed by the Deputy General Manager, State Bank of India, Local Head Office, Muzaffarpur (respondent No. 4 to the writ application) by which the appellants of L.P. A. No. 382 of 2001 were appointed to the posts of computer operators and to consider their cases for appointment to the posts of computer operators from the due date along with consequential benefits.

(3.) The admitted facts are that the writ petitioner-respondents and appellants of L.P. A. No. 382 of 2001 belong to the clerical cadre in the bank. The writ petitioner-respondents were appointed in the said cadre in 1982 whereas, the appellants of L.P.A. No. 382 of 2001, who were respondents in the writ application, were appointed in 1983. The Muzaffarpur Branch of the State Bank of India was computerised on January 17, 2000. The writ petitioner- respondents were posted on ad hoc basis on the posts of computer operators vide office order issued by the branch office on January 14, 2000 (Annexure 4 to the writ application). Prior to that, on April 12, 1999, a memorandum of settlement (Annexure A/1 to the counter-affidavit filed in the writ application) was arrived at between the State Bank of India and All India State Bank of India and Staff Federation on promotional avenues/career progression for workmen staff. The said memorandum of settlement contained a policy for making appointments to higher special allowance carrying positions in the clerical and subordinate cadres. It provided that from the April 1, 1999, the higher special allowance carrying positions within the cadre will be replaced by senior assistants and special assistants. Senior assistants will perform the duties of erstwhile higher positions of head assistants (both accounts and cash), tellers, computer operators and whenever exigencies so warrant, the original clerical/cashier duties also. All appointments to the aforesaid positions shall be made in terms of the memorandum of settlement. A list of all employees, with minimum qualification of Matriculation and 17 completed years (or more) of service in the cadre and not drawing any special allowance/drawing an allowance lower than Rs. 486 per month will be drawn up as on April 1 of each year and all of them will be appointed as senior assistants. On completion of 25 years of service in the clerical cadre as on April 1 of each year, the employees will be appointed as special assistants and the special assistants will be required to perform the duties prescribed for special assistants and workmen head cashiers in terms of the settlement, dated March 15, 1993. They will also be required to perform the duties of senior assistants/computer operators. It further provides that the appointment of computer operators will henceforth be made on the basis of an aptitude test to be conducted for the clerical cadre employees, who possess a minimum qualification of Matriculation and who have completed a minimum service of 4 years in the cadre. The appointments will be made on the basis of seniority of the candidates qualifying in the aptitude test. They will be posted anywhere in the zone at the discretion of the bank. It further provides that all the existing computer operators, who have completed 17 years of service will be redesignated as senior assistants and their services will be inter-changeable and transferable. They will have to perform the duties of senior assistants wherever required, besides the duties of computer operators. It further provides that any eligible employee refusing to accept the appointment as senior assistant/special assistant for whatever reason, will not be considered for such appointment for a period of 3 years from April 1 of the relevant year. Similarly, employees refusing to accept appointment as computer operators will be debarred from such appointment for 3 years from the date of such refusal and will have to again qualify in the aptitude test to be eligible for the appointment. It also provides that in case any disagreement arises in respect of interpretation of any of the provisions of the settlement, the matter shall be decided at central office level in consultation with the federation.