ASHOK KUMAR DUTTA AND ANOTHER Vs. ALLAHABAD BANK

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution for issuance of a writ or direction requiring the respondent to treat the petitioner as having been appointed Junior Management Grade Scale-I on 2-1-1978.

(2.) The petitioners are employees of Allahabad Bank and are posted within this State. They were appointed Junior Management Trainees by Annexures-1 and 2 dated 7-12-1977. In pursuance thereof they joined the Bank service at Regional Office, Patna on 2-1-1978. The letters of appointment stipulated that the petitioners were to undergo two years training and would be on probation during that period. On successful completion of training they would be confirmed to the permanent establishment. Two years after their joining Allahabad Bank, Annexures 3 and 4 dated 28-4-1980 were issued. By these letters the petitioners were confirmed in the permanent establishment of the Bank in the officers grade with effect from the date they had completed the training/probationary period, i.e. 2-1-1980. It was stated in the letters that the petitioners would be paid the scale of Rs. 700-1800 in the Junior Management Grade Scale-I This was in accordance with the terms of Allahabad Bank (Officers') Service Regulations 1979. The Bank thus reckons their appointment as having been done in Jan., 1980. The petitioners claim that they were appointed officers in Junior Management Grade Scale-l with the only scale of Rs. 700-1800. The acceptance or rejection of the petitioners' stand will make a world of difference in their fortunes. At the time tile petitioners were appointed Junior Management Trainees different regulations were applicable and not the one framed in 1979. Matters came to a head on 30-7-1983 when the Bank issued a Circular (Annexure-6) in regard to promotion of officers from Junior Management Grade Scale-I to Middle Management Grade Scale-II. This Circular lays down the eligibility norms for promotion. That was laid down as follows :

(3.) The core point is whether the petitioners had been appointed as officers on 2-1-1978 or 2-1-1980.