Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1982: Regulation 7: Promotion Service law : New Bank of India (Officer's Service) Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law : New Bank of India (Officer's Service) Regulations, I 982-Regulation 7-Promotion-Appellants joined as clerks in Bank, later promoted as Accountants and again promoted as Assistant Managers-Bank taken over by Union of India-New Regulations and Promotion Policy framed-Appellants placed in Junior Management cadre, scale-/ along with Accountants-New Regulations and Promotion Policy challenged in writ petition before High Court-Single Judge upheld the challenged Regulation but struck down Promotion Policy-Division Bench in LPA upheld Promotion Policy as there was no arbitrariness or inequality-On appeal Held, Promotion Policy not discriminatory and no interference called for. Promotion Policy-Clauses 5.1, 5. 5, 6. 2 and 7.1-Determination of inter-se seniority-Held, Seniority before take over or tenure of service as Assistant Manager not wiped off-Due weightage given to services rendered. The appellants had joined the New Bank of India as clerks and were promoted as Accountants and further promoted and confirmed as Assistant Managers in the same pay scale, with the special allowance. While they were working as such, the Bank was taken over by the Union of India under Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 and later on the New Bank of India (Officers Service) Regulation 1982 was framed along with a Promotion Policy. As per clause 5.1 of the Promotion Policy the appellants were placed in the Junior Management Grade Scale I along with Accountants and their seniority was determined. They filed a writ petition challenging the validity of Regulation 7 and Clauses 5.1, 5.5, 6.2 and 7.1 of the Promotion Policy as being violative of Art, 14 and 16 of the Constitution. Single Judge upheld Regulation 7 which provided for categorisation and fitment of exiting officers, but struck down the impugned clauses of the Promotion Policy holding them to be ultravires of Regulation 18(5) and also violative of Articles 14 and 16 A of the Constitution.The Division Bench in L.P.A. held that the Single Judge committed an error by holding that unequals had not been treated equally. It also held that there was no arbitrariness or inequality in the Promotion Policy. Hence, this appeal.The appellants contended that the very categorisation as per Regulation 7 is invalid as it puts Accountants and Assistant Managers in one grade; the High Court was in error when it upheld the clauses of the Promotion Policy as prior to the take over, the appellants had been promoted and in any event they cannot be held to be junior to Accountants and be placed in the same grade; and that the seniority of the employees is being determined on continuous length of service; therefore unequals like Accountants and Assistant Managers are being treated equals which per se is hostile discrimination. The respondents contended that the expression "promotion", used in the orders, was not in fact a promotion from one cadre to the other; Accountants and Assistant Managers were in one grade scale, and as such unequals were not being treated equally; and that the Promotion Policy for determination of inter-se-seniority gave appropriate weightage for the services rendered as Assistant Manager/Manager and seniority is not determined on length of service. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1998 INSC 44 |
Petitioner | Sh. K.b. Sharma And Anr. |
Respondent | Union Of India And Anr. |
SCR | [1998] 1 S.C.R. 388 |
Judgement Date | 1998-01-28 |
Case Number | 4223 |
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