Any subsequent alteration to the fitment given to the petitioners, if required to be made, would necessarily be a matter which would relate to interpretation and clarification of the equation of fitment and must be obtained from the Ministry of Finance (Banking Division), Government of India through NABARD as provided under clause 16 of the said Government of India order dated 22nd February, 1991.

Arindam Sinha, J.

The petitioner nos. 1 to 5 are officers of Bangiya Gramin Vikash Bank which was earlier known as Mallabhum Gramin Bank (hereinafter referred to as the said Regional Rural Bank). The petitioner nos. 6 and 7 are respectively the Officers' Union and the President thereof of the said Regional Rural Bank. The Sponsor Bank of the said Regional Rural Bank is United Bank of India. They have prayed, inter alia, for issuance of writ of mandamus directing withdrawal of circular dated 21st October, 2005 issued by the said Regional Rural Bank on the subject of implementation of revised pay scales and payment of increased salary thereof to the officers and workmen in terms of Government of India, Ministry of Finance order dated 06th October, 2005.

2. Mr. Basu, learned senior advocate appeared on behalf of the petitioners and submitted, by this circular the fitment given to officers of the said Regional Rural Bank in effecting parity with the officers of the said Sponsor Bank was sought to be undone. Referring to the affidavit-in-opposition affirmed by the respondent no.6 on behalf of the respondent nos. 4 and 5, Mr. Basu submitted it was the case of the respondent no.5 that in the matter of two writ petitions filed before the Supreme Court of India, the order was made on 1st September, 1987 to the effect the Central Government shall constitute a National Industrial Tribunal and refer salary structure of Regional Rural Bank employees who were demanding parity with employees of their Sponsor Banks on the principle of equal pay for equal work, to it. Pursuant to the said order the Government of India by its notification dated 26th November, 1987 appointed the National Industrial Tribunal (NIT) and referred the dispute to it. The NIT pronounced its award on 30th April, 1990 but as regards equation of posts and fixation of pay, allowances and other benefits the said Tribunal directed that was a matter which had to be decided by the Central Government in consultation with such authorities as it may consider necessary. Following such direction the said award could not be implemented, so the Government constituted an Equation Committee (NIT Cell) to make appropriate recommendations. The Equation Committee (NIT Cell) arrived at decisions which were reported on 16th March, 1991. Such decisions also covered the cases of employees/officers promoted after the appointed date, i.e. 1st September, 1987 (the date of order made by the Hon'ble Supreme Court as aforesaid). The said decisions were reconsidered by the Equation Committee (NIT Cell) on 30th April, 1993.

3. It is the petitioners' case that on receipt of Government of India order dated 22nd February, 1991 instructing implementation of the award of the NIT and pursuant to clarifications dated 30th April, 1993, made by the Equation Committee (NIT Cell), the said promotee employees fixation of pay in Sponsor Bank pay scale of clerical cadre as on the said appointed date, i.e. 1st September, 1987, was made. The respondent nos. 4 and 5 having duly implemented the same, in the year 2005 sought to illegally undo the same. The petitioners' grievance is that such fitment was sought to be undone by the impugned circular which was without jurisdiction or authority and liable to and should be quashed.

4. Mr. Basu relying on the said Government of India order dated 22nd February, 1991 drew attention to clauses 8, 9, 15 and 16 thereof to further submit it was pursuant to this Government order the fitment was given to the petitioners who were promotees immediately after the said appointed date. Such fitment could not be altered. Any attempt to do so would in the least tantamount to an interpretation and clarification of the bipartite settlement and equation of fitment given pursuant to the said order and necessarily could only be done or obtained from the Ministry of Finance (Banking Di