- (1.) Heard Shri Kshmendra Shukla, learned counsel for the petitioners, Shri Surya Bhan Pandey, learned Assistant Solicitor General of India, Shri Gopal Kumar Srivastava, learned counsel for the opposite party and perused the record.
(2.) Facts in brief of the present case as submitted by learned counsel for the petitioners are that Banking Service Recruitment Board issued an advertisement on 01.10.1983 for the post of Personnel Officer in Middle Management Grade-II. As per terms of the advertisement, the candidates having Postgraduate Degree or Diploma in Personnel Management/Industrial Relations/Labour Welfare Social Work/Social Welfare from the recognized universities were called upon. In addition to the said qualification, it was also provided in the said advertisement, persons who possessed degree in law would be considered as additional desirable qualification and maximum age as per terms of the recruitment was 40 years on 01.07.1983, which was exceeding the upper age limit for direct recruitment.
(3.) The petitioner no.1/Anand Pal Saxena having L. L. B. Degree from Agra University and possessing Postgraduate Diploma in Industrial Relations and Personnel Management from Bhartiya Vidya Bhawan, New Delhi submitted his candidature. On 02.01.1985, he was appointed as Personnel Officer in Allahabad Bank in the scale of Middle Management Grade-II. His services were governed as per regulations known as Allahabad Bank (Officers) Service Regulations, 1979. Thereafter, on 18.02.1985, he submitted his joining. Prior to being appointed in Allahabad Bank, he had worked in the Government of India undertakings as Personnel Officer, namely, (1) National Productivity Council (2) Bharat Labour Corporation Limited (3) National Thermal Power Corporation Limited (4) Labour Bureau and (5) Union of India. The contribution of Provident Fund which was deposited by him in the above said organization was transferred to Allahabad Bank and he was given membership of Provident Fund at Allahabad Bank since his joining.;