KRISHNA KUMAR VERMA Vs. MAGADH GRAMIN BANK

JUDGEMENT

(1.) IN view of the order dated 20.2.97 passed in CWIC No. 192 of 1996 these writ petitions are being disposed of by a common order.

(2.) IT appears that in 1975 President of India promulgated an ordinance for setting up Regional Rural Banks (for short R.R.B) in the country. The Ordinance was replaced by Regional Rural Bank Act of 1976. The Act inter alia provided that salary structure of R.R.B. employees would be determined by the Government of India having due regard to the salary structure of the employees of the State Government in com parable position. The Govt. of India determined salary structure of R.R.B. employees under section 17 of R.R.B. Act. The employees Association of Regional Rural Bank filed two writ petitions in Supreme Court, challenging the salary structure of R.R.B. on the ground of discrimination. On 1.9.87, the Supreme Court directed Govt. of India to constitute a National Industrial Tribunal for short N.I.T. for resolving the dispute, Consequently on 26.11. 17, the Govt. of India appointed N.I.T. under the chairmanship of Justice S. Abdul Reddy, a retired Chief Justice of Andhra Pradesh High Court and referred the dispute to it. On 30.4.90, N.I.T. gave Its award to the effect that the Officers and other employees of R.R.B. would be entitled to pay scale, allowances and other benefits on par with the officers and other employees of comparable level in corresponding posts in sponsor banks with effect from 1.9.87 and that equation of posts and consequent fixation of pay, allowances' and other benefits would be decided by the Govt. of India in consultation with such authority as it may consider necessary. On 5.10.90 Govt. of India appointed the Equation Committee under the chairmanship of Sri P. Kotaih, Managing Director, National Association of Banks for Agriculture and Rural Development (for short NABARD) for the purpose. The Equation Committee submitted its report on 16.1.91, which was accepted by Govt. of India. On 22.2.91, Govt. of India issued instructions for giving effect to the award of N.I.T. and the recommendation of the Equation Committee. Consequent to the implementation of N.I.T. award and the recommendations of Equation Committee, certain changes were to be brought about in R.R.B. service, regulations, recruitment/ promotion policy etc. and, therefore, it was decided that a Working Group may be constituted to consider this aspect of the matter. The NABARD constituted a Working group on 22.8.91 under the chairmanship of its Chief General Manager, Sri R.C. Gupta. The Working Group submitted its report on 17.2.92 with the recommendation that as on 22.2.91 the Branch Managers/Officers should be ranked senior to the Field Super visors in the combined seniority list of the cadre of Officers Junior Management -I. The Government of India accepted the recommendation of the Working Group and directed NABARD to implement it. On 20.3.93, NABARD issued instructions for incorporating the recommendations of the Working Group in the combined seniority list of the cadre of Officers Junior Management -I. The seniority list of Officers Junior Management -I has been, accordingly, revised and all the Branch Managers/Officers appointed prior to 22.2.91 were placed above the field Supervisors. Peeling aggrieved, the petitioners have filed this writ petition.

(3.) HEARD the learned counsel for the parties and perused the record.