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2015 Supreme(Pat) 927
IN THE HIGH COURT OF JUDICATURE AT PATNA
I. A. ANSARI, CHAKRADHARI SHARAN SINGH, JJ.
The Allahabad Bank & Ors. - Appellants
Versus
Prashant Chandra Jha - Respondent
Letters Patent Appeal No. 1498 of 2014 IN Civil Writ Jurisdiction Case No. 5587 of 2007
Decided on : 11-08-2015
Advocate Appeared:
For the Appellants : Mr. Naresh Kumar Malhotra, Mr. Binod Kumar Sinha
For the Respondent: Mr. Shankar Kumar Thakur, Mr. Baidya Nath Thakur
The main legal point established is that the admissibility of employment benefits, such as graduate increments, is contingent upon the actual possession of the requisite qualifications at the relevant time, and the burden of proof lies with the employee to demonstrate the equivalence of alternative qualifications.
Headnote:
Graduate Increments - Employment Dispute - [Indian Air Force Act, Section 13(2)(a); Ministry of Social Welfare Letter No. F 18-19/75/T-2, dated 26/05/1977; Air HQ Letter No. Air HQ/18976/20/TRG, dated 19/02/1979; Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) OM No. 15012/8/82/Estt. (D), dated 12/02/1986] - The court discussed the legal provisions related to the issuance of certificates by the Indian Air Force and their equivalence to a graduation degree. It emphasized the prospective effect of circulars/guidelines unless specifically prescribed and the distinction between clarificatory documents and substantive instruments. The court held that the respondent was not entitled to graduate increments as he did not hold a graduation degree at the time of appointment, but the bank could not recover the amount already paid unless the respondent proved that the certificates conferred a degree of graduation.
Fact of the Case:
The respondent, an ex-serviceman, was appointed in Allahabad Bank and granted two graduate increments based on certificates issued by the Indian Air Force. The bank later held the increments inadmissible and sought to recover the amount paid.
Finding of the Court:
The court found that the respondent was not entitled to graduate increments as he did not hold a graduation degree at the time of appointment. However, it ruled that the bank could not recover the amount already paid unless the respondent proved that the certificates conferred a degree of graduation.
Issues: The main issue was the admissibility of graduate increments based on certificates issued by the Indian Air Force and the retrospective application of the bank's decision to withhold the increments.
Ratio Decidendi: The court held that circulars/guidelines come into effect prospectively unless specifically prescribed and that clarificatory documents have a different effect. It emphasized that the respondent must prove the equivalence of the certificates to a graduation degree to be entitled to the increments.
Final Decision: The court partly allowed the appeal, modifying the order to prevent recovery of the amount already paid to the respondent for graduate increments, and directed the bank to consider the representation from the respondent regarding the equivalence of the certificates to a degree of graduation.
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)
This Letters Patent Appeal arises out of an order, dated 26/11/2013, passed by the learned Single Judge, in C.W.J.C. No. 5587 of 2007, whereby he has allowed the writ application filed by the respondent and has quashed the order, dated 12/10/2000, issued by the appellant, Allahabad Bank. By the said order dated 12/10/2010, two graduate increments in salary of the respondent granted to him earlier on the basis of certain certificate issued by the Indian Air Force, had been held to inadmissible. The appellant Bank intended to recover the amount so paid to the respondent.
2. The respondent herein was holding the rank of Sergeant in Indian Air Force. He held Diploma in Electronics and Tele-Communication Engineering and worked in Indian Air Force from 19/05/1977 to 31/05/1992 in the trade “Radio Fitter”. The Indian Air Force granted him a certificate, dated 13/06/1995, to the effect that he would be considered eligible for such posts, where qualification required is “degree in Electronics and Tele-Communication Engineering”. There is another certificate issued to him, dated 13/05/1992, by the Indian Air Force to the effect that he may be considered educationally qualified for Group - C posts, where requisite qualification is graduation. The certificates, which were brought on record by way of Annexure - 13 & 14 to the writ application, were issued in the light of Government of India, Ministry of Social Welfare Letter No. F 18-19/75/T-2, dated 26/05/1977, Air HQ Letter No. Air HQ/18976/20/TRG, dated 19/02/1979, and Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) OM No. 15012/8/82/Estt. (D), dated 12/02/1986, respectively.
3. Being an ex-serviceman, the respondent was appointed in Allahabad Bank as Clerk-Cum-Cashier/Clerk-Cum-Typist, on 15/11/1993, on salary of Rs. 1,000/- per month, which included two annual increments for graduation. He was given two annual increments on the date of his appointment on the basis of his claim that he held graduation degree in terms of the two certificates issued by the Indian Air Force. He enjoyed the benefit of two graduate increments accordingly till issuance of a letter, dated 12/10/2000, by the Manager of Allahabad Bank, regional office at Muzaffarpur, addressed to him, informing him that the two graduate increments were not admissible on the basis of the said certificates issued by the Indian Air Force. He was asked to refund the amount already paid to him as graduate increments and it was also indicated therein that the said amount, paid to him, would be deducted from his salary.
4. Aggrieved by the said decision of the Bank, the respondent filed a writ application before this Court under Article 226 of the Constitution of India, seeking quashing of the said letter, dated 12/10/2000. Learned Single Judge, by the order under appeal, allowed the writ application, holding that the decision of the Bank not to grant increments, on the basis of certificates issued by the Indian Air Force, could have prospective effect only and it could not be given retrospective effect. Learned Single Judge, accordingly, quashed the said letter, dated 12/10/2000, on the reasoning that in the absence of any provision in the circular or guideline indicating that it would have retrospective effect, the said circular or guideline could not have been implemented retrospectively. The said decision, dated 26/11/2013, passed by the learned Single Judge, is under appeal herein.
5. Learned counsel, appearing on behalf of the appellant, Allahabad Bank, has drawn our attention to Annexure - 6 of the writ application, issued by the Allahabad Bank, to contend that it was clarified on 22/12/1995 itself that in order to become eligible for graduate increments, an employee must be graduate and an employee’s claim for having qualification, as for example, Sergeant Education Course held by the Ministry of Defence
