Back
2017 Supreme(Gau) 166
IN THE HIGH COURT OF GUWAHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HRISHIKESH ROY, NELSON SAILO, JJ.
The Regional Manager, State Bank of India - Appellants
Versus
Mrinal Kanti Biswas, S/O Lt. Makhan Lal Biswas – Respondents
Writ Appeal No. 320 of 2015
Decided on : 23-02-2017
Advocate Appeared:
For the Appellants : Mr. S.S. Sharma (Sr. Adv.), Ms. L. Sarma, Mr. A. Sharma, Mr. B.J. Mukherjee.
For the Respondent: Mr. I.H. Laskar, Mr. P.K. Deka, Mr. M. Biswas, Ms. M.D. Borah.
Headnote:
Service and Employ matter - Indian Air Force - Voluntary retirement - Fitment of his basic pay - Matter pertains to pay fitment of writ petitioner in SBI, where he joined on after he secured voluntary retirement from Indian Air Force (IAF) - His pay was fixed as a bank employee initially at Rs.1797/- but later revised - According to former IAF personal, fixation of pay was erroneously, made by bank - Bank employee received his wages as per his above pay fitment until he retired from service - But a few years before retirement, he filed the WP(C) No.3759/2007 to contend that fitment of his basic pay in SBI at was wrong as he drew basic pay in IAF - Accordingly direction was sought in writ petition to revise his payable emoluments and to release differential amount, since his date of his joining SBI - Writ petitioner relied on bank’s Circular No.PER/47 OF 1985 dated and another Circular No.PER/40/87 dated - Under the SBI circulars, when an ex-serviceman is re-employed in the bank, his emoluments are required to be protected to ensure that new basic pay plus DA correspond to basic pay plus DA drawn by him, in armed forces, whichever is higher – Held, Writ petitioner was paid wages with fixation of his pay at during his entire service career from and although he made various representations from time to time first occasion for him to approach court was in the year - Thus acceptability of the pay fixation by bank employee for long many years, must also be taken into account, to determine the merit of claim - This will lead to an absurd situation as pay structure vary from organisation to organisation - As long as the fitment of pay is at a scale which corresponds to or is slightly higher than last emoluments drawn in previous organisation, there can be no basis for assuming that an injustice has been done to re-employed IAF personal - Direction issued for re-fixation of pay under impugned judgment dated in WP(C) No.3759/2007 is set aside and quashed - In other words fitment of pay for writ petitioner as a clerk in SBI is found to be in accordance with requirement of circular(s) dated respectively - Case stands allowed
Hrishikesh Roy, J.
Although this case is not formally admitted, since the case is listed in the regular hearing list, with the consent of the learned counsel, the same is taken up for final disposal.
2. Heard Mr. S.S. Sharma, the learned Sr. counsel representing the appellants. The respondent (writ petitioner) is represented by the learned advocate Mr. P.K. Deka.
3. The matter pertains to pay fitment of the writ petitioner in the SBI, where he joined on 28.01.1991 after he secured voluntary retirement from the Indian Air Force (IAF) on 30.11.1987. His pay was fixed as a bank employee initially at Rs.1797/- but later revised to Rs.1680/-. According to the former IAF personal, the fixation of pay was erroneously, made by the bank.
4.1 The last pay drawn by the writ petitioner and fixation of his pay when he joined the bank on 28.01.1991 are as follows:-
“…………………
| Last Pay Drawn in IAF (30.11.87) | |
| Basic Pay | Rs.1485/- |
| CGB | Rs. 60/- |
|
| Rs.1545/- |
| DA as on 30.11.87 | Rs. 119/- |
|
| Rs.1664/- |
……………………………..”
| Fixation as on 28.01.91 | |
| Basic Pay | Rs.1150/- |
| DA as on 28.01.97 | Rs. 647/- |
|
| Rs.1797/- |
4.2 But subsequently on 11.06.1994 the fitment of pay was revised in the following manner:-
“……………………..…..
| Last Pay drawn in Army | 4th Bipartite if fitted on the basis of protection of pay | 4th Bipartite on the basis of protection of pay + DA |
| 1 | 2 | 3 |
| Rs.1485/- | Rs.1600/- B.P. | Rs.1075.00 |
| +Rs.60/- (GCB) |
|
|
| Rs.1545/- Pay |
|
|
| Rs.119/- DA | Rs.900.43 DA | Rs.605.01 |
| Rs.1664/- | Rs.2500.43 | Rs.1680.01 |
| Sri Biswas should have been fitted as per Column 2 instead he has been fitted at Rs.1150/- + 647.22 Total Rs.1797.22. | ||
……………………………….”
5. The bank employee received his wages as per his above pay fitment until he retired from service on 30.04.2013. But a few years before retirement, he filed the WP(C) No.3759/2007 to contend that fitment of his basic pay in the SBI at Rs.1150/- was wrong as he drew basic pay in the IAF at Rs.1485/-. Accordingly direction was sought in the writ petition to revise his payable emoluments and to release the differential amount, since his date of his joining SBI, i.e. 28.01.1991.
6. In support of his claim for higher emoluments, the writ petitioner relied on the bank’s Circular No.PER/47 OF 1985 dated 16.10.1985 (page-44) and another Circular No.PER/40/87 dated 20.08.1987 (page-47). Under the SBI circulars, when an ex-serviceman is re-employed in the bank, his emoluments are required to be protected to ensure that the new basic pay plus DA correspond to the basic pay plus DA drawn by him, in the armed forces, whichever is higher.
7. The relevant portion of the two circulars will facilitate a better understanding of their implication and accordingly the same are extracted herein below:-
“Circular No.PER/47 of 1985 dated 10.10.1985
…………………..
2. The matter as to how their salaries should be re-fixed under the 4th Bipartite Settlement has been examined by Central Office in consultation with Indian Banks' Association. According to Indian Banks' Association guidelines:
(a) The pay fixation in the case of ex-servicemen, who joined the Bank's service on or after July 1, 1983 may be made on the basis of protection of pay drawn in the armed forces or at a stage where the new basic pay plus dearness allowance corresponds to the basis pay plus dearness allowance drawn by them in the armed forces, whichever is higher.
………………………………..”
“Circular No.PER/40/87 dated 20.08.1987
…………………..
(i) With effect from 1.7.1983, the pay fixation on re-employment of ex-servicemen in the Banks would be through protection of the basic pay plus Dearness Allowance drawn by them at the time of their release from the armed forces. Th
