- (1.) D. S. Sinha, J. Heard helplessly, in the name of justice, specious rhetoric and diatribe sans substance of Sri Bhoopendra Nath Singh, learned Counsel appearing for the petitioners, Sri P. N. Khare, learned Counsel representing the Respondent No. 1 has also been heard. Nobody has appeared for the Respondent Nos. 2 and 3.
(2.) THE petitioner No. 1 a Trade Union of the Officers of the Allahabad Kshetriya Gramin Bank, the Respondent No. 1 and the petitioner No. 2, an Officer of the Respondent No. 1 and a Member and Office Secretary of the petitioner No. 1 urge this Court: (a) to "issue a writ, order or direction in the nature of certiorari quashing paragraph 4 and the last paragraph of the circular dated January 20, 1999, issued by the Respondent No. 1 in respect of revised housing loan for officers, a photo copy whereof is Annexure 1 to the petition. (b) to issue a further writ, order or direction in the nature of mandamus commanding the respondents to grant house purchase loan/construction of house and supplemental housing loan at par with the officer of the Sponsor Bank, namely the Bank of Baroda. Paragraph 4 and last paragraph of the circular dated January 20,1999 sought to be quashed run as under: "4. Amount of Loan Existing Limit Revised Limit Rs. 2. 5 lakhs Scale II Rs. 4. 00 lakhs subject to 90% of the cost or 60 times of pay (Basic + D. A.) whichever is less. " Rs. 2. 00 lakhs Scale i Last Paragraph: "please note that with the introduction of enhanced limit as per detailed above, the existing facility of supplemental housing loan stands discontinued and the existing scheme for housing loan was introduced vide our earlier Circular No. HO/93/58 Dated 18-9-1993 has been discontinued with immediate effect. " The facts, so far as the Court has been able to wrest from the mass of confusion an apology of pleading, placed before. It through writ petition and affidavits filed by the petitioners are these: The officers and the other employees of the Rural Banks have been clamouring for partly, inter alia in the matter of grant of house purchase loan/construction of house and supplemental housing loan at par with the officers of the Sponsor Bank and the matter was taken to the Hon'ble Supreme Court of India which directed the Union of India to constitute National Industrial Tribunal to decide the matters at issue between the Bank and employees.
(3.) THE Tribunal, constituted by the Union of India in pursuance of the direction of the Hon'ble Supreme Court, gave an award dated April30, 1990. Paragraph 4. 428 of the award, which is relevant for the purposes of determination of the controversy raised herein and is available on record is extracted below: "4. 428. So far as the equation of posts and the consequent fixation of the new scales of pay, allowances and other benefits for Officers and other employees of the RRBs on par with the Officers and other employees of comparable level in corresponding posts in sponsor banks and their fitment into the new scales of pay as are applicable to Officers of sponsor banks in corresponding posts of comparable level, it is a matter which has to be decided by the Central Government in consultation with such authorities as it may consider necessary. This will also include the pay scales, benefits, other allowances and fitment of sub-staff of the RRBs with the sub-staff of sponsor banks. This Award is accordingly passed and it shall cover all the existing RRBs. The Award shall be given effect to from 1st day of September, 1987. " (Emphasis added);