Hemant Gupta, J. - (1.) The challenge in the present appeal is to an Order passed by the Division Bench of the High Court of Judicature at Bombay on 09.07.2014, whereby the communication dated 16.01.2001 re-fixing the salary of the respondent from 01.01.2001 was set aside.
(2.) The respondent-writ petitioner before the High Court joined the appellant Bank in the year 1981. After almost nineteen years vide letter dated 24.06.2000, he was posted at Johannesburg Branch (South Africa) as Manager (Credit) as a Scale V Officer on a fixed salary of US $ 1965 (net) per month but subject to change from time to time. Apart from such salary, the respondent was granted various allowances including reimbursement of education expenses of the children, usage of Bank's car, leave and reimbursement of medical expenses apart from the host of other allowances. The relevant clause in respect of salary reads as under: "1.1. A fixed salary US $ 1965 (net) per month subject to change from time to time will be paid to you abroad from the date of your reporting at the foreign office. Wherever taxes are payable by you on account of salary and perquisites such taxes will be reimbursed by the bank."
(3.) There was also a condition that salary and terms and conditions as spelt out in the letter are subject to review and revision by the Bank from time to time. Clause 7.3 in this respect reads as under: "7.3 Your salary as well as other terms and conditions spelt out in this letter are subject to review and revision by the bank, from time to time.";