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27.It is further argued that the Performance Linked Incentives are available only to the Full Time Board Members who have a fixed tenure. On the other hand, plaintiff is full-time bank employee and cannot claim parity with the Board Members. It is further explained that Performance Linked Incentive was introduced only in 2009 vide memo dated 24.06.2009 and was applicable only to the full-time Directors. The parameters for calculating incentive have been notified. It is further submitted that though a Note dated 27.01.2015 Ex.PW1/4 was moved by the Managing CS DJ Nos. 209332/2016 & 1647/2018 Page 16 of 36 Pages Director recommending payment of Performance Linked Incentive but it never received any approval from Government of India. The Members of the Board do not have any power to change the Regulations without the intervention of the Parliament. Therefore, the recommendation of the Board in itself is not sufficient to change the NHB (Officers') Service Regulations, 1997 which are statutory and no Incentive can be granted without the consent of the Government of India / Chairman. It is also submitted that this Office Note was a confidential note which has been procured inappropriately by the plaintiff for which a detailed enquiry was held in the bank. During the enquiry, the original Note was sought to be traced but the same was not found available on the record. It is concluded that both the suits of the plaintiff are without merit and liable to be dismissed.

(ii) Whether the plaintiff is entitled to Performance Linked Incentive under Regulation 4 of NHB (Officers) Service Regulations, 1997 and NHB Act, 1987? OPP

44.The plaintiff has claimed that Performance Linked Incentives are provided to the Directors of the Nationalized Banks and since he is entitled to the same Pay Scale as them, it has been wrongly denied to him. The only defence put forth by the defendant is that since plaintiff is a regular employee, he cannot claim Performance Linked Incentives which is given only to the Full Time Directors of the Board, which plaintiff admittedly is not.

52.It is thus evident from the aforementioned judgments that Performance Linked Incentive is a part of salary. Once it is CS DJ Nos. 209332/2016 & 1647/2018 Page 25 of 36 Pages so held any confusion in regard to grant of Performance Linked Incentive gets immediately sorted out. Admittedly, the salary of the Executive Director of Defendant Bank has to be the same as that of Director of the Nationalized Banks who are entitled to Performance Linked Incentive. On the principle of pay parity, since the Performance Linked Incentive is part of salary, the plaintiff is also entitled to the same.

55.Deputy General Manager of the defendant bank vide letter dated 29.05.2013 Ex.P11 on receiving the representation from the plaintiff wrote a letter to Ministry of Finance wherein a reference was made to Regulation 4 of NHB (Officers') Service Regulations, 1997 which provided that the pay, allowance and perquisites of the Executive Director of the Nationalized Banks shall be applicable to Executive Director (Special Grade), NHB. It was further stated that till then the Performance Linked Incentives were being given only to the CMD being the whole time Director. An advice was sought whether Executive Directors are also entitled to performance linked incentives. Assistant General Manager again vide letter dated 26.11.2013 Ex.P12 sent a reminder in regard to the pending issues seeking advice in regard to Performance Linked Incentive to the Executive Director of defendant bank.