JUDGMENT

P.K. BALASUBRAMANYAN, J.—

1.On 9.6.1969, Respondent No. 1 was appointed temporarily as an Assistant in Gauhati Bank. On 19.7.1969, the Central Bank (hereinafter referred to as “the appellant Bank”) along with other banks was nationalized. As per the relevant Regulation, the age of superannuation was fixed as 58 years in all Nationalized Banks including the appellant Bank. On 1.8.1975, the Gauhati Bank was merged with the Purbanchal Bank. The Scheme of Amalgamation between the Gauhati Bank and the Purbanchal Bank was not brought on record. Suffice it to say, that the age of superannuation in the Purbanchal Bank was also 58 years. Respondent No. 1, who had meanwhile been confirmed in the Gauhati Bank, had been promoted on 1.7.1975 as an officer in that Bank. On amalgamation, respondent No. 1 thus became an officer of the Purbanchal Bank with effect from 1.8.1975, the age of superannuation being 58 years.

2.On 29.8.1990, the Purbanchal Bank merged with the appellant Bank under a Scheme of Amalgamation under the Banking Regulation Act, 1949. The Appellant Bank was to frame Regulations with a view to bring the employees of Purbanchal Bank on a par with those of the Appellant Bank.