B.K. Roy, Pramod Kumar Jain, J. - (1.) FOLLOWING two -fold prayers have been made by the petitioners in this writ petition: - - (i) issue a writ of certiorari, order or direction in the nature of certiorari quashing the order dated 6.8.1997 passed by the Etah Gramin Bank, Etah (Annexure '4') and circular dated 9.7.1997 issued by the NABARD (Annexure -'5'); (ii) issue a writ of mandamus, order or direction in the nature of mandamus directing the respondents not to effect any recovery from the arrears already received by the officers and employees of the Etah Gramin Bank, Etah; Petitioner No. 1, Etah Gramin Bank Officers/Employees Union Etah raised a dispute demanding equal scale of pay and salary, which were being given to the employees and officers of the Nationalised Banks. Writ Petitions were filed by All India Regional Rural Banks Employees Association in the Hon'ble Supreme Court being Writ Petition (Civil) No. 132 of 1984 and Writ Petition (Civil) Nos. 7149 -50 of 1982. The aforesaid writ petitions were disposed of by the Hon'ble Supreme Court on 1st September, 1987 by passing the following order: - - We are happy to know that the Central Government had agreed to appoint a National Industrial Tribunal to decide the question relating to pay, salary, other allowances and other benefits payable to the employees of Regional Rural Banks constituted under the Regional Rural Banks Act, 1976. The learned counsel for the petitioners also agreed that a reference may be made to the proposed Tribunal. In view of the above, it is not necessary to pronounce on the questions of law raised in these writ petitions before us. We leave all the contentions. The Central Government shall refer the dispute to the Tribunal, preferably to a retired Chief Justice of a High Court, within four weeks from today. We hope that the Tribunal will pronounce its award as expeditiously as possible. These writ petitions are disposed of accordingly.
(2.) IN pursuance to the said order of the Hon'ble Supreme Court the Government of India appointed a National Industrial Tribunal with Justice S. Obul Reddy, retired Chief Justice of Andhra Pradesh High Court as its Chairman, and after hearing all the parties and considering all the issues the Tribunal gave its award dated 30.4.1990 and it was found that 196 Banks and its officers/employees were entitled to the scales of pay which are being given to the Nationalised/Sponsored Banks. Thereafter the Central Government appointed Equation Committee for equating various posts in different Banks and after report of the Equation Committee was received the Central Government issued an order dated 22.2.1991 by which Regional Rural Banks Employees and Officers were brought at par in scales of pay with Sponsored Banks with effect from 1.9.1987. In pursuance of the Government Order dated 22.2.1991 employees of the various Rural Banks including the petitioner No. 1 were being paid salary in the revised pay scales with effect from 1.1.1991. Under the award of the Industrial Tribunal and also under the Government Order issued by the Government of India, the benefits of pay scales equivalent to pay scales of employees and officers of the Sponsored Banks were given with effect from 1.9.1987. The employees of the petitioner Bank also became entitled for payment of arrears of their salary with effect from 1.9.1987. Since the arrears were not being paid applications were filed in Writ Petition No. 132 of 1984 and Writ Petition No. 7149 -50 of 1982 in the Hon'ble Supreme Court of India for a direction to the Government of India and other respondents to pay arrears of salary to the employees of the various Banks. The said writ petitions were disposed of by the Supreme Court by its order dated 22.3.1996/12.4.1996 a copy whereof is appended as Annexure -1 to the writ petition. By order dated 12.4.1996 the Supreme Court provided for scheme for payment of arrears of salary to all the officers and employees of the Regional Rural Banks and all the Regional Rural Banks were put in three categories. First category consists of 53 Regional Rural Banks who were to start payment of arrears with effect from 20.2.1996. In the second category there were 50 Regional Rural Banks and this list the petitioner claim, is included the name of Petitioner No. 1, namely - -Etah Gramin Bank. The payment of arrears under the aforesaid scheme to this category of Banks was to begin with effect from 20.8.1996. Though initially the Government of India stated before the Hon'ble Supreme Court that it cannot give loan or give the amount covering total arrears, however, the Government of India, the Sponsored Banks and the State Government released their part of money meant for payment of arrears of salary with effect from 1.9.1987 some time in the month of May, 1997. Petitioner No. 1 had also given a certificate dated 19.9.1997 that the total amount towards arrears has been received. Since total amount was received by the petitioner for payment of arrears with effect from 1.9.1987 all the officers and employees of the Bank were released 75 per cent of the arrears to be paid to them in the month of May, 1997. However, on the basis of circular received from NABARD, Respondent No. 2, Respondent No. 1 issued an order dated 6.8.1997 for recovery of excess amount paid to the petitioners, copies of these orders are appended as Annexure -4 and 5 to the writ petition. This circular letter dated 9.7.1997 issued by Respondent No. 2 and order dated 6.8.1997 issued by Respondent No. 1 are illegal and arbitrary and in any case upto August, 1997 all the officers and employees of the petitioner Bank were entitled to receive at least 50 per cent of the arrears due to them. Respondent No. 1 started recoveries of the alleged excess payments made to the petitioners and till date of filing of the writ petition about 25 per cent of the alleged total excess amount paid to the officers and employees was recovered back by the Bank. Since the petitioners were entitled to receive 50 percent of the total arrears by August, 1997 no recovery from the amount paid upto 50 per cent of the arrears could be made by the Respondents. However, by order dated 6.8.1997 the Bank was taking steps to recover amount from the 50 per cent arrears already paid to the petitioners. Letter dated 12.3.1996 of the Government of India gives a chart which makes it clear that the Etah Gramin Bank is placed in second category and, therefore, the proposed recovery by the Respondents was illegal and arbitrary.
(3.) RESPONDENT No. 1 filed its counter affidavit stating in paragraph No. 10 of the counter affidavit that the contents of paragraph No. 12 of the writ petition are vague. Although the officers and employees of the petitioner Bank were entitled to arrears of their revised salary from 1.9.1987, but the disbursement of these arrears was to take place as per the orders of the Supreme Court dated 12.4.1996, as contained in Annexure -1 to the writ petition, and petitioners were entitled to get arrears in four equal annual installments of 25 per cent each commencing from 20.8.1997. According to the order dated 12.4.1996 passed by the Supreme Court in Writ Petition No. 7149 -50 of 1982 the Banks were put in three categories viz: - - (1) 53 RRBs, as mentioned in para. 4(i) of the affidavit of Shri Sudhir Srivastava, shall make payment as per the scheme suggested by Basu Committee in its report dated February 22, 1995. The said scheme in respect of these banks will be operative with effect from February 20, 1996. (2) The RRBs falling under para. 4(ii) of the affidavit of Sri Sudhir Srivastava, will make payment as per the scheme suggested by Basu Committee. In respect of these banks the scheme will be operative with effect from August 20, 1996. (3) As regards remaining RRBs falling under para. (iii) of the affidavit of Sri Sudhir Srivastava, the scheme as suggested by Basu Committee would apply subject to the modification that the amount of arrears shall be paid in four installments instead of three installments as suggested by Basu Committee and each installment will be for 25% of the amount of arrears. The first installment would be payable by August 20, 1997 and other installments would be payable after yearly intervals. (i) It was also stated that since NABARD was the controlling agency for RRBs it issued letter dated 11.7.1996 stating the names of RRBs identified for payment of arrears as per para. 4(ii) of the above affidavit of Government of India. The petitioners, who are employees of the Bank stand bracketed under category 3 for the purposes of getting salary arrears as per above judgment/letter of NABARD dated 11.7.1996 and consequently the petitioners are eligible to get arrears in four equal annual installments, of 25 per cent each, the first installment payable by 20.8.1997 and thus excess payment was made to the petitioners, which they were bound to refund.;