V.K. GUPTA Vs. UNION OF INDIA
LAWS(ALL)-2014-8-143
HIGH COURT OF ALLAHABAD
Decided on August 29,2014

V.K. GUPTA Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Heard Sri B.B. Jauhari, learned counsel for the petitioners, Sri Satish Chaturvedi, appearing for respondents and perused the record.
(2.) This writ petition is preferred for the following reliefs: "(i) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to fix the rank and seniority of petitioners similar to those of officers of the State Bank of India w.e.f. 01.01.96 and not to reduce their service length and rank and petitioners be treated at par with the officers of the State Bank of India treating the respective date of joining in KNSB Ltd. similar to that in the State Bank of India; (ii) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to credit the amount of provident fund of petitioners along with its interest in the respective accounts of petitioners; (iii) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to release the arrears of salary including computer increment as per the 6th wage reision; (iiia) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to issue orders for payment of State Bank of India package allowance know as Special Compensatory Allowance (which is being paid to the officers who have joined their service prior to 01.11.1993 in State Bank of India) to the petitioners; (iiib) issue a writ order or direction in the nature of certiorari quashing the order dated 17.06.2002 passed by respondent no. 2 which has been communicated through letter dated 21.06.2002 and has been annexed as Annexure no. S.A.-1 with the supplementary affidavit; (iv) issue any other writ order of direction to which this Hon'ble Court may deem fit and proper in the circumstances of the case; (v) award cost of the petition to the petitioners; "
(3.) The reliefs claimed by the petitioners are in the backdrop that Kashi Nath Seth Bank Limited, hereinafter referred to as 'KNSBL' was a Banking Company duly licensed by the Reserve Bank of India. It was amalgamated with the State Bank of India. After amalgamation, employees/officers of State Bank of India and their seniority etc. was to be fixed in terms of Chapter V of Notification No. S.O.-1010 (E) dated 31.12.1995 published in the extra ordinary gazette of India. Proviso 2 clause (iii) of said notification is quoted below for ready reference: "Provided that if any doubt or difference arises as to whether the qualification or experience of any of the said employees are the same as or equivalent to the qualification and experience of the other employees of corresponding rank of status of the transferee bank or as to procedure or principles to be adopted for the fixation of the pay of the employees in the scales of pay of the transferee bank the doubt or difference shall be referred to the Reserved Bank of India whose decision thereon shall be final.";


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