THE HON’BLE SRI JUSTICE N.RAVI SHANKAR WRIT PETITION NO.1366 OF 2000 Date: 14.10.2011 Between: E.Babu and others …..Petitioners And The Chairman, Central Board of Directors, State Bank of India, Nariman Point, Madamcama Road, Mumbai and others …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR WRIT PETITION NO.1366 OF 2000 ORDER: There are 68 petitioners in this writ petition. All of them on the date of filing of this writ petition, which is of 2000, were working as Officers Grade-I in the State Bank of India (for short SBI). They filed this writ petition seeking the relief that all of them should be placed in the category of Officers of Middle Management Scale Grade-II with effect from appointed date i.e. 1.10.1979. In support of their plea for this relief, the petitioners have also relied upon a Division Bench judgment of this court dated 27.11.1987 given in W.A.No.470 of 1983 which is said to have been confirmed by the Supreme Court by its order dated 12.10.1995 while dismissing the S.L.P. (civil) No.6174 of 1988. 2. The background facts for filing this writ petition are these. Under Sub-Section 1 of Section 43 of the State Bank of India Act, 1955, the Central Board of the SBI issued “State Bank of India Officers (Determination of terms and conditions of Service) Order, 1979 which came into effect from 1.10.1979. Under the said Order, the following grades of officers have been created viz., (a) Top Executive Grade, (b) Senior Management Grade, (c) Middle Management Grade and (d) Junior Management Grade. 3. It is not necessary to go into the other details, but it would be sufficient to note that for the purpose of this writ petition, officers of Junior Management Grade-I and officers of Middle Management Grade-II shown in the para 8 of the writ affidavit are relevant. The relevant portion/rule reads that Grade-II officers with certain pay scales and Grade-I officers who have put in less than 7 years of service as on 31.12.1979 have to be adjusted in the category of Junior Management Grade-I, while officers of Grade-I who have put in 7 years and above service as on 31.12.1979 have to be adjusted in the category of Middle Management Grade-II. The petitioners’ grievance is that all of them are eligible to be placed in the category of officers of Middle Management Grade-II as they have been working as Grade-I officers as on the date of commencement of the above Rules in question i.e. as on 31.12.1979 though they have not completed 7 years of service and their plea is that the distinction drawn between the officers of Grade-I who have put in less than 7 years of service as on 31.12.1979 and officers of Grade-I who have put in 7 years and above service as on 31.12.1979 is not a reasonable classification and it has to be struck down and consequently they should also be considered for the posts of officers of Middle Management Grade-II notwithstanding the fact that they have put in less than 7 years of service as on 31.12.1979. 4. It is seen that a similar contention raised by the other staff members of the SBI was upheld by a Division Bench of this Court in W.A.No.470 of 1983 which was also confirmed by the Supreme Court and these details are referred to supra. 5. Sri G.Allabakash, learned counsel for the petitioners relied upon the aforesaid Division Bench judgment and argued that this writ petition should also be allowed. 6. However Sri B.G.Ravinder Reddy, the learned Standing Counsel appearing for SBI brought to my notice a judgment of the Supreme Court in Transferred Case No.25 of 1998 dated 5.12.2000 (K.Thimmappa & Ors. Vs. Chairman, Central Bd. Of Dirs. SBI & Anr.) and basing on this judgment he argued that the Supreme Court held that the classification of officers and their placement is a policy decision of the bank and it has upheld the same and therefore in view of the said decision of the Supreme Court, the present writ petition is not maintainable. He also pointed out that in the aforesaid judgment, the Supreme Court held that the relief granted by this court in W.A.No.470 of 1983 must be restricted only to those petitioners and that it cannot have any universal application. 7. A perusal of the copy of the judgment of the Supreme Court in K.Thimmappa’s case, referred to supra, would show that the contention raised by Sri B.G.Ravinder Reddy has to be accepted and the petitioners’ contention has to be rejected and it is not necessary to go into the merits of the case further. 8. Accordingly, for the aforesaid reasons, it follows that the judgment of this Court relied upon by the counsel for the petitioners cannot come to rescue of the petitioners. Following the decision of the Supreme Court in K.Thimmappa’s case, referred to supra, this writ petition is dismissed. No costs. ___________________________ JUSTICE N.RAVI SHANKAR 14th October, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR WRIT PETITION NO.1366 OF 2000 DATE: 14.10.2011