IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.227 of 2003 IN Civil Writ Jurisdiction Case No. 10504 of 2000 ======================================================= 1. Kosi Kshetriya Gramin Bank Officers’ Organization, Kosi Colony, Shri Nagar Hata, Purnea through its General Secretary, Shri Prakash Kumar Sinha 2. Prakash Kumar Sinha, son of Upendra Jarayan Sinha, General Secretary, Kosi Kshetriya Gramin Bank, Officers’ Organisation, Purnea at present posted as Officer, Head Office Uttar Bihar Gramin Bank, Shri Nagar Hata, Police Station K. Hat, District Purnea 3. Bijay Kumar Sinha, son of Nand Kishor Prasad Sinha, at present posted as Brach Manager Uttar Bihar Gramin Bank, Bhaptiyahi Branch, Police Station, Bhaptiyahi, District-Supaul 4. Awadhesh Kumar Yadav, son of late Manilal Yadav at present posted as Officers, head Office Uttar Bihar Gramin Bank, Shri Nagar Hata, Kosi Colony, Purnea, Police Station K. Hat, District, Purnea .. .. Appellants-- Petitioners Versus 1. The Union Of India through the Secretary, Ministry of Finance, Department of Economic Afairs (Banking Division) Jeevan Deep, New Delhi-1. 2. National Bank for Agriculture and Rural Development through Deputy General Manager, Sterling Centre, Shiv Shagar Estate, Dr. Annie Besant Road, Werli, Mumbai- 400018. 3. The Zonal Manager, Central Bank of India, Patna 4. Uttar Bihar Gramin Bank, Sri Nagar Hata, Kosi Colony Purnea through its Chairman 5. The Chairman, Uttar Bihar Gramin Bank, Head Office Shri Nagar Hata Kosi Colony, Purnea 6. The General Manager, (Personnel) Uttar Bihar Gramin Bank Sri Nagar Hata Kosi Colony, Purnea 7. Senior Manger ( Personnel) Uttar Bihar Gramin Bank Sri Nagar Hata Kosi Colony, Purnea 8. Uttar Bihar Gramin Bank Kalambagh Chowk, Muzaffarpur, through its Chairman 9. Chairman, Uttar Bihar Gramin Bank Kalambagh Chowk, Muzaffarpur .... .... Respondents with Letters Patent Appeal No. 207 of 2003 IN Civil Writ Jurisdiction Case No. 4768 of 2002 ======================================================= 1. Triloki Nath, s/o late Baidyanath Prasad, at present posted at Uttar Bihar Gramin Bank, Branch 2 Pilkhi, P.O.-Pilkhi, Distt-Muzaffarpur 2. Awadh Kishore Sharma, s/o late Maheshwar Prasad Sharma, at present posted at Uttar Bihar Gramin Bank, Branch Mahanth Maniari, P.O.-Mahanth Maniari, Dist-Muzaffarpur 3. Nitishwar Pd. Shahi, S/o Sri Mundrika Pd. Shahi, at present posted at Uttar Bihar Gramin Bank, Branch Patepur, P.O.-Patepur, Distt-Vaishali 4. Anil Kumar, S/o late Pashupati Nath Tiwari, at present posted at Uttar Bihar Gramin Bank, Branch Bakhara, P.O.-Bakhara, Distt-Muzaffarpur 5. Kishore Narayan @ K. Narayan, s/o Sri Ram Chandra Saha, at present posted at Uttar Bihar Gramin Bank, Branch Kanhauli, P.O. Ramana, Dist- Muzaffarpur 6. Gagandeo Mahto, s/o late Rameshwar Singh, at present posted at Uttar Bihar Gramin Bank, Branch Mansoorpur, Dist-Vaishali 7. Birendra Singh, s/o late Rameshwar Singh, at present posted at Uttar Bihar Gramin Bank, Branch Hakimpur, P.O.-Fular, Dist-Vaishali 8. Sonelal Ram, s/o Sri Saryug Ram, at present posted at Uttar Bihar Gramin Bank, Branch Matloopur, P.O.-Matloopur, Dist-Muzaffarpur 9. Sukdeo Ram, s/o Sri Lakshmi Ram, at present posted at Uttar Bihar Gramin Bank, Head Office 10. Mithoo Ram, s/o late Damri Ram, at present posted at Uttar Bihar Gramin Bank, Branch Baria, P.O.-M.I.T., Dist-Muzaffarpur 11. Nagina Paswan, s/o late Saryug Paswan, at present posted at Uttar Bihar Gramin Bank, Branch Belsar, P.O.0Belsar, Dist-Vaishali 12. Ramdas Paswan, s/o Sri Ramji Paswan, at present posted at Uttar Bihar Gramin Bank, Branch Balha Madhusudan, P.O.-Balha Madhusudan, Distt- Sitamarhi 13. Ratneshwar Prasad, s/o Sri Khublal Ram, at present posted at Uttar Bihar Gramin Bank, Branch Churaut, P.O.-Churaut, Dist-Sitamarhi 14. Mahesh Chandra Sinha, s/o late Rajendra Prasad, at present posted at Uttar Bihar Gramin Bank, Branch Singhara, P.O.- Singhara, Dist- Vaishali 15. Mohd. Anas Sayeedi, s/o late Mohd, Sayid, at present posted at Uttar Bihar Gramin Bank, Branch Rajlachatti, P.O.-Rajlachatti, Dist-Muzaffarpur 16. Saukhi Ram, s/o late Faguni Ram, at present posted at Uttar Bihar Gramin Bank, Branch, Mahanth Maniari, P.O.-Mahanth Maniari, Dist-Muzaffarpur 17. Vishundeo Ram, s/o late Gunjar Ram, at present posted at Uttar Bihar Gramin Bank, Branch Brindawan, P.O.-Brindawan, Dist-Sheohar 18. Muneshwar Ram, s/o Late Narayan Ram, at 3 present posted at Uttar Bihar Gramin Bank, Branch Bela Khurd, P.O.-Bela Machhpakauni, Distt- Sitamarhi all posted in the rank of Assistant Manager (Officer Junior Management Scale-1= OJM-1) (previously called Field Supervisor) Appellants Versus 1. The Uttar Bihar Gramin Bank, through its Chairman, Kalambagh Chowk, ‘Sharma Complex’, Refugee Colony, Muzaffarpur, 842001 2. The Chairman, Uttar Bihar Gramin Bank, Muzaffarpur 3. The General Manager (PRS), Uttar Bihar Gramin Bank, Muzaffarpur 4. Senior Manager (PRS), Uttar Bihar Gramin Bank, Muzaffarpur 5. Union of India, through the Secretary, Ministry of Banking & Finance, Govt. of India, New Delhi 6. National Bank for Agriculture and Rural Development (NABARD) IDD-RRCB& Division, Starting Centre, Centre Shiv Sagar Estate, dr. Annie Besant Road, Worli, Mumbai, 400018- 7. The Central Bank of India, through its Chairman, Chandramukhi, Narimal Point Mumbai-400021 8. Chandra Kant Dwivedi, s/0 Sri Srishchandra Dwivedi at present posted t Uttar Bihar, Gramin BankBranch Sirauli, P.O.- Sirauli, Distt-Sitamarhi 9. Bindeshwar Singh s/o Sri Madhusudan Singh at present posted at Uttar Bihar Gramin Bank, Branesh Prataptand, P.O.-Prataptand, Dist-Vaishali 10. Dasai Ram, s/o late Pakhew Ram at present posted Uttar Bihar Gramin Bank, Rajapakar, P.O.- Rajapakar, Distt-Vaishali 11. Surendra Baitha, s/o late Fakira Baitha posted at Uttar Bihar Gramin Bank, Branch Sehan, Distt-Vaishali 12. Surendra Kr. Singh, s/o late Baushi Singh at present posted at Uttar Bihar Gramin Bank, Dongra Hat Branch, P.O.-Mirzanagar, Distt-Vaishali 13. Jogendra Ram, s/o Sri Devendra Ram, posted at Uttar Bihar Gramin Bank, Branch Nayagaon, P.O. Nayagaon, Distt-Vaishali .... .... Respondent/s ======================================================= Appearance : (In LPA No. 227 of 2003) For the Appellant/s : Mr. Uday Bhanu Roy, Adv. Mr. Ambrish Kumar Jha, Adv. For the Respondent/s : Mr. Ajay Kumar Sinha, Adv. 4 (In LPA No. 207 of 2003) For the Appellant/s : Mr. Dipak Kumar, Adv Mr. Chak Rapani, Advocate Mr. Madhuresh Singh, Adv. For the Respondent/s : Mr. Ajay Kumar Sinha, Adv. ======================================================= Both these appeals have been filed against the common order dated 17.02.2003 passed by the learned Single Judge in C.W.J.C. No. 10504 of 2000 with C.W.J.C.No.4768 of 2002. The case of the appellants is that by virtue of a circular dated 12.09.2000 issued for re-fixation of salary and the subsequent circular dated 27.09.2000 issued for Revised Fitment Officers whereby directions were issued to recover excess amount paid to the officers of Scale 1 of Kshetriya Gramin Bank categorized as Category-III and IV officers. In C.W.J.C. No. 4768 of 2002, the petitioners- appellants herein has also sought for quashing these two circulars dated 12.09.2000 and 27.09.2000. It has been contended that the facts of these cases would go to show that there is litigation between the parties on earlier occasion also by virtue of the order passed by 5 the Apex Court in Writ Petition No. 7149-50 of 1982 and Writ Petition No.132 of 1984. On the direction of the Apex Court, a National Industrial Tribunal was constituted to decide the dispute relating to pay and other allowances payable to the employees of the Regional Rural Banks. In response thereto, National Industrial Tribunal vide award dated 30.04.1990 has recommended inter alia, for the parity in pay-scales, salary and other allowance and other benefits between the employees of Regional Rural Banks and its sponsor Banks. The fact remains that the respondent- Banks falls under the category of Rural Banks constituted by the Central Government. It is also undisputed fact that at one point of time, the Banks have extended the pay-scales to remove the anomaly and parity in the pay- scales between the Junior Officers and Senior Officers. But however, by virtue the circular as stated above the Bank has taken a decision to re-fix the pay-scales and bring it on par with the juniors. It is contended that by virtue of circular dated 27.09.2000, the Bank has taken a decision to reduce the pay-scales 6 of the appellants of L.P.A. No. 227 of 2003 and has already recovered the amount paid in pursuance to re-fixation of pay-scales in 36 installments and therefore action of the Bank has been questioned in the first writ petition which was followed in the second writ petition. The learned Single Judge, after hearing the matter had not accepted the contention of the appellants and rejected the writ petition on the ground that two unequal pay-scales should not be treated equally as it stood violated the parity of pay-scales. It is also observed by the learned Single Judge that the Bank has constituted a Committee to finalize modality of pay-scales and after due consideration had issued two circulars as stated above. Aggrieved by same, these appeals have been preferred. The learned counsel appearing for the appellants in L.P.A. No.207 of 2003 has contended that the learned Single Judge has not accepted the award of the National Industrial Tribunal by restraining the action of the Bank in reducing the pay-scales and also recovering the amount which has already 7 been paid to the employees as it is in violation of Article 14 of the Constitution and it is also an arbitrary action of the Bank for the reasons that the circulars have been issued in pursuance to the judgment rendered by this Court in C.W.J.C. No.10727 of 1993 in which the said Circular dated 27.09.2000 was also referred. It has also been contended that in absence of any direction issued by this Court to recover the excess amount, the Bank has no authority whatsoever to take a decision on its own to effect the recovery when it is not a case where the employees have mis- represented or playing any fraud. The decision for fixation of pay-scales was rendered by virtue of the award passed by the National Industrial Tribunal. The learned counsel appearing on behalf of the Bank has submitted that the Bank has already taken a decision to pay the arrears of difference of pay-scales with effect from 01.04.2011 but in view of latest decision of the Bank an appropriate direction may be issued by this Court. We had also an occasion to go through the judgment passed by learned Single Judge 8 and the Annexures annexed to the writ petition in which the appellants have chosen to question the circular issued by the Bank moreso specially the Circular dated 27.09.2000 on the ground that the Bank has no authority whatsoever to recover the excess amount and also to effect reduction in the pay-scales. From a perusal of the said circular dated 27.09.2000, it would indicate that the Bank has referred the judgment rendered by this court in C.W.J.C. No. 10727 of 1993 and in pursuance of the said judgment the Bank has issued Circular to the effect that the excess amount already paid should be recovered in 36 equal installments from 01.10.2000. From a perusal of judgment rendered in C.W.J.C. No. 10727 of 1993, it would go to show that this Court never directed the Bank to recover the excess amount paid, if any, in pursuance of reduction of pay-scales. In absence of such direction from this Court in any of the judgments, we have to observe that there is no material fourthcoming from the Bank why such decision has been taken to recover the excess amount in 36 equal installments, moreso when the amounts were not paid at the behest of the 9 employees. It is not a case of mis- representation or fraud. We have also observed that the Bank has mis-interpreted the judgment rendered in C.W.J.C. No.10727 of 1993 and took a decision on its own to recover the amounts in 36 equal installments. Under the above circumstances, we are of the opinion that the Bank should not resort such recovery in absence of any direction from this Court. We accept the argument advanced by learned counsel appearing on behalf of the appellants that they are entitled for refund of recovery which was effected in 36 equal installments. Accordingly, we are of the opinion that a direction may be issued to the Bank to refund the recovered amount preferably within 20 equal installments from the date of receipt of a copy of this order. With regard to the latest communication which was appended by way of show cause filed on behalf of respondent-Bank, stating that, the arrears of the salary would be payable to them w.e.f. 01.04.2011, we are not inclined to go into the merits of that Resolution dated 29.06.2011 annexed by the Bank with the show cause. If any of the parties are still aggrieved they 10 can agitate their rights before the appropriate forum. So far as L.P.A. No.207 of 2003 is concerned, as recovery has not been effected, we are of the opinion that the parties can agitate their grievance with regard to Resolution dated 29.06.2011 issued by the Bank, if they so desire. In pursuance of the observation made in L.P.A. No. 207 of 2003 holding that the Bank is not entitled to recover the amount, no further orders are necessary to be passed in L.P.A. No.227 of 2003. In view of the order passed supra directing the Bank not to effect the recovery, we are of the opinion that the pay-scales drawn by the employees on the date of issuance of Resolution i.e. the latest Circular dated 27.09.2000 has to be also restored in L.P.A. No.227 of 2005.. With the above observation, both these appeals are disposed of. Patna High Court Dated 19th September, 2011 Ashwini/N.A.F.R. (T.Meena Kumari,J.) (Vikash Jain, J.)