T.S. Thakur, J. - (1.) These appeals by special leave arise out of an order passed by the High Court of Judicature at Patna whereby LPA No. 84 of 2003 filed by the appellant-bank has been dismissed in limine and the order passed by a Single Bench of that Court allowing Writ Petitions No. 7367 of 2001 and 5924 of 2002 affirmed. The controversy in the appeals lies in a narrow compass but before we come to the precise issue that falls for our consideration, we may briefly set out the facts giving rise to the proceedings before the High Court and the present appeals before us.
(2.) In South Malabar Gramin Bank v. Coordination Committee of South Malabar Gramin Bank Employees Union (2001) 1 SCC 101 this Court, inter alia, held that the Central Government was vested with the power to determine the pay structure of the employees working in the Regional Rural Banks in accordance with second proviso to Sub-section (1) of Section 17 of RRB Act, and that it should try to maintain parity between the pay structure of the employees of the RRBs and those working in the nationalized commercial banks. As a sequel to the said direction the Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division) issued notification dated 11th April, 2001, inter alia, determining the pay SCALE s of the employees of RRBs and granting to them the benefit of 6th and 7th Bipartite Settlements and Officers Wage Revision w.e.f. 1st November, 1992 and 1st November, 1997 respectively. The notification attempted to bring at par the pay SCALE s of the RRB employees and those of their counterparts in other nationalized banks. It was then followed by a letter dated 25th April, 2001, defining the expressions "Basic Pay and Dearness Allowance" used in the notification. The clarification was to the effect that "Basic Pay and the Dearness Allowance" would mean "Basic Pay, Dearness Pay, Dearness Allowances, ad hoc or additional D.A.; interim relief or any other allowance which form part of pay or D.A."
(3.) Pursuant to the above, the appellant-bank issued a circular dated 16th May, 2001, giving to its employees the benefit of what is known as "computer increment" as per 6th and 7th Bipartite Settlements and Officers Wage Revision. The circular envisaged that each staff member shall file an undertaking that he/she shall refund in lump the excess amount drawn by them in case a contrary decision is received from the Government of India/NABARD sponsor bank. This circular was some time later recalled by an order dated 5th June, 2001 and the benefit of computer increment and automatic switch over from SCALE II to SCALE III granted to the employees of the appellant-bank withdrawn. The order further directed that the amount already paid shall be recovered from the employees concerned.;