J.S. Sekhon, J. - (1.) The main controversy in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is whether any claim arising prior to 1st Jan., 1983 when the Oriental Bank of Commerce (Officers') Service Regulations, 1982, (hereinafter referred to as O.S.R. 1982) came into force, is saved by Regulation 53 of this O.S.R.
(2.) The factual matrix of the case is that the petitioner was appointed Clerk-cum-Cashier in the Oriental Bank of Commerce (hereinafter referred to as the Bank) on 22nd July, 1971, Ultimately keeping in view the efficiency of the petitioner, he was posted as Manager on 4th Aug., 1979 in a Rural Branch of the Bank at Dhand, District Karnal. The petitioner was placed in the Junior Management Grade 'C' as by that time he was drawing a basic pay of Rs. 535.00. The respondent-Bank was nationalised on 15th April, 1980, but prior to that the Central Board of Directors of the Bank had sanctioned new pay-scales vide Establishment Circular No. 37/7 dated 24th Jan., 1980, Annexure P-3 to the petition. In this circular letter it was provided that a person serving as Manager in the Rural Branch of the Bank having annual average total of deposits and advances over Rs. One Crore with deposits of Rs. 50 lacs was to be placed in Grade 'B' provided that person was getting a minimum basic salary of Rs. 950.00. The petitioner alleges that his case was fully covered under this circular letter, as the annual deposits and advances of the Dhand branch were Rs. 1 crore 27 lacs with the deposits of over Rs. 50 lacs as on 31st Dec., 1982. Thus he maintained that he was entitled to get grade 'B' with effect from 1st Jan., 1983, but the respondent-Bank took no initiative to grant this benefit to the petitioner. The petitioner then filed various representations dated 15th Sept., 1983, 18th Nov., 1983, 8th Dec., 1983, 13th Dec., 1983, 31st May, 1985 and 17th July, 1985. Ultimately, the Bank illegally rejected the claim of the petitioner vide order dated 19th Aug., 1985, Annexure P-10, on the ground that since with effect from 1st Jan., 1983, O.S.R. 1982 had come into operation, the petitioner could not draw any benefit under the old policy circular letter, Annexure P-3. It was also maintained that the proviso to Regulation 53 of the OSR saves any claim arising prior to 1st Jan., 1983 under the existing Rules and Regulations etc. It was further maintained that the petitioner has been subjected to unnecessary harassment by the Bank for the reasons best known to it, especially when other Managers Sarvshri B.D. Gupta and D.P. Garg similarly situated have been given the benefit of Annexure P-3 even after coming into force of OSR 1982. Thus it was maintained that the impugned order of the Bank was violative of the provisions of Articles 14 and 16 of the Constitution of India.
(3.) In the return filed by the respondent-Bank, it was contended that the claim filed by the petitioner on the basis of Circular of 1980 being highly belated and vexatious should be rejected. It was further maintained that the petitioner cannot invoke the Writ jurisdiction of this Court as Regulation 13 of the OSR provides a right to appeal against any categorisation. On merits it was maintained that Circular letter Annexure P-3 was repealed with effect from 1st Jan., 1983 by Regulation 53 of OSR 1982 and thus it cannot be said that any right or claim had accrued in favour of the petitioner on the basis of requisite deposits in the Dhand Branch of the Bank for the year ending 30th Dec., 1982. Circular letter Annexure P-l dated 30th Dec., 1982 from the Head Office of the Bank was also referred to in support of the proposition that circular No. 37/7 will stand deleted with effect from 1st Jan., 1983. Regarding the case of Sarvshri B.D. Gupta and D.P. Garg it was explained that these persons had already become entitled to Grade 'B' with effect from 29th Sept., 1982, and 1st July, 1979 respectively as they fulfilled the norms laid down in the Circular dated 24th Jan., 1980. It was further maintained that the petitioner did not fulfil these norms as the petitioner got his transfer to the Kaithal branch of the Bank cancelled vide letter dated 18th October, 1982 before he could take over the charge of that Bank and he was sent to the Rural branch of the Bank at Dhand.;