G.B.PATTANAIK, J.

(1) THESE Transferred Cases from different High Courts relate to the common question, namely, in the matter of placement of existing officers in the new grades and scale in the State Bank of India made under State Bank of India Officers (Determination of Terms and Conditions of Service) Order 1979, (hereinafter referred to as The Service Order), under Paragraph 7 of the said Order is discriminatory in nature, so far as it deals with the Officers Grade I. The Central Board of the State Bank of India in exercise of power conferred by Sub-section (1) of Section 43 of the State Bank of India Act 1955 made the condition of Service Order which came into force with effect from 1.10.1979. Paragraph 7 deals with the placement of the existing officers on the appointed date in the corresponding grades and scale as per the table given in Schedule I and Paragraph 8 deals with the fitment of the said existing officers in the new grade and scale of pay. Prior to coming into force of the condition of Service Order, in the State Bank of India there were different grades of officers in the organisational structure and so also in other Nationalised and Subsidiary Banks. In the year 1973 the Government of India appointed a Committee, called Pillai Committee for bringing uniformity and standardisation in the conditions of service of the officers of various Nationalised Banks. The said recommendations of the Pillai Committee was later on applied to the State Bank of India and its Associate Banks with suit K. Thimmappa & Ors. v. Chairman, Central Bd. of Dirs. SBI & Anr. [PATTANAIK, J.] SC351 able modification having regard to their special features. So far as the State Bank of India is concerned, the entire re-structuring of its officers was made by passing the conditions of Service Order which came into force on 1.10.1979. Paragraph 6 of the Order deals with categorisation. Paragraph 7 of Order deals with the placement of existing officer on the appointed date in corresponding grades and scales. Paragraph 8 deals with fitment In the new scales of pay. The aforesaid 3 paragraphs are quoted hereinbelow in ex ten so:-

"CATEGORISATION 6. (1) Having regard to the responsibilities and functions exercisable, every post of an officer in the Bank shall be categorised by the Central Board or the Executive Committee or the Competent Authority as falling in any one of the grades or scales mentioned in paragraph 4 and such categorisation may be reviewed from time to time by the Central Board or the Executive Committee or the Competent Authority. Provided that the categorisation of the posts in existence on the appointed date shall be done before the expiry of two years from that date and shall, in respect of the posts in the senior management and top executive grades, be done by a committee appointed for the purpose by the Chairman of the Bank. (2) For the purpose of categorisation of posts under sub-paragraph (1), every branch or office of the Bank shall be classified by the Bank in accordance with the criteria to be approved by the Central Board or the Executive Committee as small, medium, large, very large or exceptionally large category. Placement of existing officers on the appointed date in corresponding grades and scales. 7. Subject to the provisions of paragraph 6, existing officers serving in the grades and scales of pay mentioned in column 1 of the table given in Schedule I to this order shall be placed as on the appointed date in the grade and scale specified there-against in column 2 of the said schedule. Provided that any difficulties or anomalies arising out of the above placement shall be referred to a committee of such persons as the Chairman of the Bank may appoint and the decision of that committee in this regard shall be final. Fitment in the new scales of pay. 8. (1) Every existing officer placed in any of the new grades and scales of pay in accordance with paragraph 7, shall be fitted at such stag