The principles of collective bargaining and statutory provisions govern eligibility for stagnation increments, with denial valid if reversion occurs after a year of promotion.

ORDER :

This Writ Petition is filed by the petitioner with a prayer to issue a Writ of Writ of Declaration to declare the Clause 5(c) (i) & (ii) of the 6th Bipartite Settlement dated 14.02.1995 and the consequential order dated 05.02.2016 issued by the Respondent No.4 as illegal and consequently for a direction, directing the Respondent No.4 to grant six stagnation increment to the petitioner along with other monetary benefits within the time period stipulated by this Honble Court.

2. The brief facts of the case are as follows :

(a) The writ petitioner was appointed as clerk in the respondent Bank on 16.02.1982. He rendered 34 years service in the respondent Bank without any blemish and voluntarily retired on 01.09.2016.

(b) He was promoted to the post of Probationary Officer on 16.10.2001, and later on reversion on 14.1.2003. Later reverted back to the post of Clerk on 14.01.2003. As per clause 2 of the 10^th Bipartite Settlement signed by the respondent No.1 herein dated 25.05.2016, he is entitled for eight stagnation increments.

(c) That clause 2 of Bipartite Settlement by the respondent No.1 herein dated 25.05.2016, provide as follows :-

"In partial modification of Clause 5 of Bipartite Settlement dated 27th April 2010, both clerical and subordinate staff (including permanent part-time employees on scale wages) shall be eligible for eight stagnation increments w.e.f. 1st November 2012 at the rate and frequency as stated herein under: The clerical and subordinate staff including permanent part-time employees on scale wages on reaching the maximum in their respective scales of pay, shall draw eight stagnation increments at the rate of Rs.1310/- and Rs.655/- (Pro rata in respect of permanent part-time employees) each due under this settlement and at frequencies of 3 years and 2 years respectively, from the dates of reaching the maximum of their scales as aforesaid except that in the case of clerical staff, sixth, seventh and eight stagnation increments will be released two years after receipt of fifth, sixth and seventh stagnation increments respectively, provided that an employee who has completed two years or more after receiving fifth stagnation increment as on 1st November 2012 shall receive the sixth stagnation increment as on 1st November 2012. Provided further that a clerical/sub-ordinate staff (including permanent part-time employees on scale wages) already in receipt of seven stagnation increments shall be eligible for the eighth stagnation increment on 1st May 2015 or two years after receiving the seventh stagnation increment, which ever is later. In this Connection the financial benefit on account of this reduction of eligibility from 3 to 2 years for sanction of stagnation increment shall accrue on or after 01.05.2015”.

(d) In view of the above clause, he is entitled to get eight stagnation increments. But unfortunately, he was provided with only two stagnation increments and deprived of six stagnation increments without any reason. Hence, aggrieved by the same, he had sent detailed representation dated 21.01.2016 to the respondent No.4, requesting to grant him six stagnation increment on the basis of the above clause 2 of the 10^th Bipartite Settlement dated 25.05.2015.

(e) But to his shock and surprise respondent No.4 issued an order dated 05.02.2016 rejecti