- (1.) THE respondents herein filed writ petition against the appellants for certain reliefs relating to the retirement age of officers of Allahabad Bank which is a nationalised bank. The learned trial Judge by order dated the 27th April, 1994 passed certain directions by way of interim order. Being aggrieved by such interim order the appellants being the Allahabad Bank and its authorities preferred this appeal against the said interim order dated 27th April, 1994. In the appeal however both sides agreed that the Division Bench taking up the appeal may hear and dispose of the writ petition itself and accordingly this Bench has heard the parties on the merit of the writ petition, and by this order the writ petition itself is going to be disposed of along with the appeal.
(2.) THE writ petitioner no. 1 is the All India Allahabad Bank Officers' association which is a registered society. The writ petitioners nos. 2 and 3 are the President and the Secretary respectively of the said Officers' association. The writ petitioner no. 4 is an officer of the said bank. By an ordinance dated the 19th July, 1969 promulgated by the President of India the Allahabad Bank Limited along with all assets, liabilities and employees were nationalised by the Government of India and handed over to allahabad Bank with effect from the said date. Subsequently, the Banking companies (Acquisition and Transfer of Undertakings) Act, 1970 came into force with retrospective effect from 19th July, 1969. It may be mentioned here, and this fact is well-known, that several banks were also nationalised along with the Allahabad Bank. Sub-section (2) of Section 12 of the said act provides that every officer or employee of an existing bank shall become, on the commencement of the said Act, (that is, 19th July, 1969) an officer or other employee, as the case may be of the corresponding new bank and shall hold his office or service in that bank on the same terms and condition and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking of the existing bank had not been transferred to and vested in the corresponding new bank and continue to do so until and unless his employment in the corresponding new bank is terminated or until his remuneration, terms or conditions are duly altered by the corresponding new bank. By a circular dated the 31st May, 1968, Annexure- 'a' to the writ petition, issued by the allahabad Bank Limited on the basis of the decision of the Board of directors taken in their meeting held on 28th May, 1968 the age of superannuation of officers of the bank was fixed at 58 years subject to the proviso that extension upto the age of 60 years, one year at a time, might be allowed provided the individual concerned continued to maintain good health and had a satisfactory record of service to his credit. That was the pre- nationalisation position. Under regulation 19 (1) of the Allahabad Bank (Officers') service Regulations, 19?9 the age of retirement of officer employees of the bank was required to be determined by the Board of directors of the bank in accordance with the guidelines issued by the government of India from time to time, and the guidelines issued by the government of India in the matter were as follows : " (i) An officer employee of the bank recruited/promoted prior to 19th july, 1969 shall retire on completion of 58 years of age. (ii) An officer employee of the bank recruited prior to 19th July, 1969 but promoted as an officer on or after 19th July, 1969 shall retire on completion of 58 years of age" (Vide. Para 10 of the writ petition)
(3.) AS the retirement age of officers of the Allahabad Bank was for all practical purposes 60 years all along, the above guidelines of the government had the effect of depriving the officers of the benefit of the retirement age of 60 years and accordingly the above Government guidelines retiring all officers on completion of 58 years of age created wide resentment amongst the officer employees of the bank and consequently allahabad Bank brought the matter to the notice of the Government of india by representations from time to time seeking redress in the matter.;