Gauhati High Court
Page No.# 1/7 vs The Vijaya Bank And 2 Ors on 30 January, 2025
Page No.# 1/7
GAHC010127742017
2025:GAU-AS:1152
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2466/2017
AMIYA KR. DAS
S/O. LT. GAEGESWAR DAS, VILL. DAHALA PARA, P.S. SORBHOG, DIST.
BARPETA, ASSAM, PIN-781317.
VERSUS
THE VIJAYA BANK and 2 ORS.
A GOVT. OF INDIA UNDERTAKING REP. BY THE GENERAL MANAGER,
VIJAYA BANK, HEAD OFFICE 41/2 M.G. ROAD, BANGALORE-560001.
2:THE DY. GENERAL MANAGER
REGIONAL OFFICE
VIJAYA BANK
RAJGARH GUWAHATI 9108
GHY.-03.
3:THE BRANCH MANAGER
GOLAGHAT BRANCH
8007 VIJAYA BANK
JAMUNA SUPER MARKET
FIRST FLOOR
G.D. ROAD
GOLAGHAT
PIN-785621
Advocate for the Petitioner : MR.C DAS, MRS.C DAS,MS.U CHOUDHURY,MR.K R PATGIRI
Advocate for the Respondent : , MS.L SHARMA,MR.S S SHARMA,MR.B J MUKHERJEE
Page No.# 2/7 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR JUDGMENT & ORDER (Oral) Date : 30.01.2025 Heard Mr. K. R. Patgiri, learned counsel for the petitioner. Also heard Mr. H. Buragohain, learned counsel appearing for the respondents.
2. The petitioner, by way of instituting the present proceeding, has prayed for a direction for fixation of his pay on his re-employment with the respondent Bank as an Armed Guard, by reckoning the pay he was so drawing prior to his retirement from the Army.
3. The petitioner herein, is an Ex-Army personnel, who had retired from the Army on 31.07.2009. Thereafter, the petitioner, applied for the post of Armed Guard with the respondent no. 1 Bank. On his selection for the said post, the respondent no. 1 Bank had vide communication dated 19.04.2014, offered appointment to the petitioner as a Probationary Armed Guard in the subordinate staff cadre of the Bank. In terms of the said communication dated 19.04.2014, the appointment of the petitioner was to be so effected in the scale of pay of Rs. 5850-11350/-, along with other allowances as may be applicable. The petitioner, on joining his services, was authorized a Basic pay of Rs. 6900/- along with Dearness Allowance of Rs. 6961.50/- and a Special Allowance of Rs. 240/-. Accordingly, the pay of the petitioner was so fixed at Rs. 14101.50/-.
4. The petitioner, on the date of his retirement from the Army was drawing a Basic pay of Rs. 8500/- along with a Grade pay of Rs. 2400/- and Dearness Allowance of Rs. 3483/-. Accordingly, the petitioner has contended that his pay was not so fixed, considering the basic pay and Grade pay as drawn by him, prior to his date of retirement from the Army. It was further contended that the Basic Page No.# 3/7 pay of the petitioner, on his joining services in pursuance to the said communication dated 19.04.2014 with the respondent no. 1 Bank, was fixed at a lower stage of Rs. 6900/-. Accordingly, the petitioner had instituted the present proceeding praying for a direction upon the respondent authorities to fix his Basic pay by reckoning the Basic pay and Grade pay so drawn by him, prior to his retirement in the Army.
5. Mr. K. R. Patgiri, learned counsel for the petitioner has reiterated the above facts and has contended the fact that the petitioner's pay not having been fixed by reckoning the pay and Grade pay so drawn by him, prior to the date of his retirement from the Indian Army, the respondent no. 1 Bank is now required to refix his pay and other allowances by reckoning the pay and Grade pay so drawn by him, prior to the date of his retirement from the Indian Army.
6. Mr. H. Buragohain, learned counsel for the respondent no. 1 Bank has submitted that the pay of personnel, re-employed after they having retired from the Armed forces, is so fixed in terms of a guidelines circulated by the Indian Bank's Association vide a communication dated 30.01.2014. It is contended by Mr. H. Buragohain, learned counsel that the respondent no. 1 Bank had fixed the pay and allowances, strictly, in accordance with the said guidelines as circulated vide the said communication dated 30.01.2014 and the same would not call for any revision.
7. In support of his case, Mr. Buragohain, learned counsel has relied upon a decision of the Division Bench of this Court, in the case of The Regional Manager, State Bank of India & Ors., Vs Mrinal Kanti Biswas, Judgment and Order dated 23.02.2017 in WA No. 320/2015.
8. I have heard the learned counsels appearing for the parties and also perused the materials available on record.
Page No.# 4/7
9. The issue arising in the present proceeding being the fixation of the pay and allowances of the petitioner, on his joining the respondent no. 1 Bank, after having retired from the Indian Army, in terms of his offer of appointment in the Bank on 19.04.2014, is required to be examined by this Court in terms of the Guidelines for Pay Fixation of Ex-Servicemen/Ex-ECOs/SSCOs re-employed in Public Sector Banks on or after 01.01.2006, as circulated by the India Bank's Association, vide the communication dated 30.01.2014.
10. Clause 2.1 of the said Guidelines, insofar as, it relates to re-employment of Ex-Servicemen taking place on or after 01.01.2006, being relevant is extracted herein below:-
"2.1 Ex-Servicemen joining in workmen cadre Pay fixation of an ex-serviceman would be through protection of pay plus D.A. drawn by him at the time of released from Armed Forces. As per the instructions issued by the Ministry of Defence vide their letter No. 1/69/2008/D (Pay/Service) dated the 24th July, 2009 and advised by DoPT vide OM No. 3/19/2009-Estt.(Pay II) dated the 8th November, 2010, pre-retirement pay has been defined as under:-
(i) In respect of re-employment taking place on or after 01.01.2006, pre-retirement pay for those who retired after 01.01.2006, means the pay in the pay band plus grade pay but inclusive of non-practicing Allowance (NPA) if any, last drawn before retirement."
11. A perusal of the said guidelines would go to show that the pay fixation of an ex-serviceman would be through protection of their pay so drawn by them before their retirement from the Armed Force plus D.A. drawn by them at the time of their release from the force. It further stipulates that in respect of re-employment taking place on or after 01.01.2006, pre-retirement pay for those recruit retired after 01.01.2006, would mean the pay in the pay band plus grade pay along with non- practicing allowance, if any, drawn before the date of retirement.
12. In the case on hand, the petitioner was drawing a basic pay of Rs. 8500/- along with Grade pay of Rs. 2400/- and D.A. of Rs. 3480/- in total, the petitioner was drawing an amount of Rs. 14, 380/- as his pay. On joining the respondent no.
Page No.# 5/7 1 Bank as an Armed Guard as re-employment, the petitioner was authorized a Basic pay of Rs. 6900/- along with D.A. of Rs 6168.50/- and Special Allowance of Rs. 2040/-. Accordingly, the pay and allowances of the petitioner, on his joining the respondent no. 1 Bank as an Armed Guard was fixed at Rs. 14101.50/-. The pay and allowances so fixed in respect of the petitioner on his re-employment with the respondent no. 1 bank as an Armed Guard is at higher stage than that he was so drawing prior to the date of his retirement from Indian Army.
13. The Division Bench of this Court, in the case of Mrinal Kanti Biswas (supra), while considering issue similar to the one arising in the present proceeding, had drawn the following conclusions:-
"11. The protection of last pay drawn for armed forces personal on his re- employment in the bank is intended to offset the possible loss of emoluments on account of varying pay structures in different organisations. The objective of the provision should be understood as protection of the earlier emoluments and cannot be referred to individual components of the emoluments like basic pay, DA, etc. The protection of individual components of emoluments as is suggested by the writ petitioner, will lead to an illogical situation as the payable DA in the IAF at the relevant time was Rs.119/- only as compared to the much higher figure of DA, payable to the bank employees. Therefore, it would be rational to interpret the bank's circular(s) in a manner which will protect the emoluments drawn by a former IAF personal instead of protecting the individual component of his payable emoluments.
12. The pay of the former IAF personal was fixed at Rs.1680/- and this was definitely higher than the last pay drawn by him in the IAF at Rs.1664/-. Therefore, the requirement of fixation of pay of ex-serviceman at a stage which corresponds to that of the last pay and DA drawn, was definitely satisfied in the present case.
13. It cannot also be overlooked that the writ petitioner was paid wages with fixation of his pay at Rs.1680/- during his entire service career from 28.01.1991 to 30.04.2013 and although he made various representations from time to time, the first occasion for him to approach the court was in the year 2007. Thus the acceptability of the pay Page No.# 6/7 fixation by the bank employee for long many years, must also be taken into account, to determine the merit of the claim.
14. When the bank circular(s) of 16.10.1985 and 20.08.1987 are meant to protect the emoluments of a former IAF personal, it will not be logical to interpret these circulars in a manner which will require protection of individual components of the emoluments like basic pay, DA, etc. This will lead to an absurd situation as pay structure vary from organisation to organisation. As long as the fitment of pay is at a scale which corresponds to or is slightly higher than the last emoluments drawn in the previous organisation, there can be no basis for assuming that an injustice has been done to the re-employed IAF personal.
15. On account of the foregoing discussion, we find merit in the challenge of the appellants and accordingly the direction issued for re-fixation of pay under the impugned judgment dated 28.04.2015 in the WP(C) No.3759/2007 is set aside and quashed. In other words, the fitment of pay for the writ petitioner as a clerk in the SBI is found to be in accordance with the requirement of the circular(s) dated 16.10.1985 and 20.08.1987, respectively."
14. Applying the decision of the Division Bench of this Court in the case of Mrinal Kanti Biswas (supra) to the present case, it is found that the guidelines holding the field, mandates the protection of the earlier total emoluments drawn by the ex-serviceman and the said parity cannot be said to be required to be maintained with regard to the individual components of a pay like Basic pay, Grade pay and D.A. etc. The guidelines holding the field, in the present proceedings, is required to be interpreted in a manner which will protect the emoluments drawn by the ex-serviceman instead of protecting the individual components of his payable emoluments.
15. The pay of the petitioner having been so fixed at a higher stage, on his re- employment with the respondent no. 1 Bank, the prescription as made in the guidelines holding the field, is to be held to have been satisfied. Accordingly, this Page No.# 7/7 Court is of the considered view that the pay and emoluments of the petitioner having been fixed at a higher stage by the respondent no. 1 Bank, on his re- employment in comparison to that so drawn by him, prior to the date of his retirement from the Indian Army, such fixation or emoluments being in accordance with the guidelines holding the field, no error is found therein by this Court. Accordingly, the fixation of emoluments in respect of the petitioner herein, by the respondent no. 1 Bank on his re-employment with it, after retirement from the Indian Army, would not call for any interference.
16. In view of the above conclusions drawn by this Court, the writ petition is held to be devoid of any merit and accordingly, the same stands dismissed. However, there would be no order as to costs.
JUDGE Comparing Assistant