Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Central Bank of India (Officers) Service Regulations 1979 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Central Bank of India (Officers) Service Regulations, 1979 - Regulation 19 - Clause 1.3 - Retirement age - Respondent promoted as an officer in 1975 in Gauhati Bank - Gauhati Bank merged with Purbanchal Bank and respondent became Officer of Purbanchal Bank - On 19.7.1969, Purbanchal Bank merged with appellant-Bank under Scheme of amalgamation - Appellant-Bank retired him on his attaining 58 years - Writ petition by respondent seeking retirement on attaining age of 60 years - Allowed by High Court - Correctness of-Held: High Court erred in holding that respondent was entitled to continue in service till the age of 60 years - As respondent was recruited only after 19.7.1969, Clause 1.3 of Regulation 19 would apply - Respondent bound to retire on attaining age of 58 years hence not entitled to relief claimed by him - However, in the circumstances and in exercise of jurisdiction under Article 142 of the Constitution, he deserves to be compensated as he had been fighting on question of interpretation of Regulation and had remained in courts for considerable time, due to divergence in the views of the High Court - Appellant directed to pay sum of Rs.1 lakh to respondent as ex gratia - Banking Regulation Act, 1949 - s.45(7) - Constitution of India, 1950 - Article 142.On 9.6.1969, Respondent No.1 was appointed temporarily as an Assistant in Gauhati Bank. On 19.7.1969, the appellant Bank alongwith other Banks were nationalized. On 1.8.1975, the Gauhati Bank was merged with Purbanchal Bank. The age of superannuation in the Purbanchal Bank was 58 years. Respondent No.I who had meanwhile been confirmed in the Gauhati Bank, had been promoted on 1.7.1975 as an officer in that Bank. On amalgamation, respondent No.1 thus became an officer of the Purbanchal Bank with effect from 1.8.1975. On 29.8.1990, the Purbanchal Bank merged with the appellant Bank under a Scheme of Amalgamation under the Banking Regulation Act, 1949.Respondent No.1 claimed that he would retire only on attaining the age of 60 years, as per Regulation 19 of the Central Bank of India (Officers) Service Regulations 1979 on the basis that his original appointment in the Gauhati Bank was on 9.6.1969. The appellant Bank did not accept this stand of respondent No.1 and retired him on his attaining the age of 58 years. Respondent no.1 filed writ petition before the High Court and it was allowed. Hence the present appeal. |
Judge | Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2007 INSC 856 |
Petitioner | Central Bank Of India And Ors. |
Respondent | Madan Chandra Brahma And Anr |
SCR | [2007] 9 S.C.R. 276 |
Judgement Date | 2007-08-22 |
Case Number | 5786 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |