1st November, 1992 and 1st November, 1997 respectively.
The numberification attempted to bring at par the pay scales of the RRB employees and those of their companynterparts in other nationalized banks.
of India and Ors.
A Letters Patent Appeal preferred against the said order, having been dismissed summarily, the appellant bank has filed appeal to this Court by special leave as already numbericed above.
Aggrieved by the order aforementioned, the employees association filed Writ Petition No.7367 of 2001 challenging the validity of the withdrawal order on several grounds.
While the said writ petition was still pending, this Court passed an order dated 7th March, 2002 in All India Regional Rural Bank Officers Federation and Ors.
The circular envisaged that each staff member shall file an undertaking that he she shall refund in lump the excess amount drawn by them in case a companytrary decision is received from the Government of India NABARD sponsor bank.
The clarification was to the effect that Basic Pay and the Dearness Allowance would mean Basic Pay, Dearness Pay, Dearness Allowances, ad hoc or additional D.A. interim relief or any other allowance which form part of pay or A. Pursuant to the above, the appellant bank issued a circular dated 16th May, 2001, giving to its employees the benefit of what is known as companyputer increment as per 6th and 7th Bipartite Settlements and Officers Wage Revision.
It was then followed by a letter dated 25th April, 2001, defining the expressions Basic Pay and Dearness Allowance used in the numberification.
The Government of India accordingly appears to have examined the matter and issued a fresh numberification dated 17th April, 2002, para 5 whereof provides as under All other allowances should be immediately revised, if number already revised pursuant to order dated 11.4.2001 by respective sponsor banks after negotiations with RRB employees.
This circular was some time later recalled by an order dated 5th June, 2001 and the benefit of companyputer increment and automatic switch over from scale II to scale III granted to the employees of the appellant bank withdrawn.
2002 3 SCC 554 whereby paragraphs 2 and 3 of the numberification dated 11th April, 2001 were quashed and the Government directed to issue a fresh numberification for proper implementation of the judgment of this Court.
The order further directed that the amount already paid shall be recovered from the employees companycerned.
As a sequel to the said direction the Government of India, Ministry of Finance, Department of Economic Affairs Banking Division issued numberification dated 11th April, 2001, inter alia, determining the pay scales of the employees of RRBs and granting to them the benefit of 6th and 7th Bipartite Settlements and Officers Wage Revision w.e.f.
S. THAKUR, J. These appeals by special leave arise out of an order passed by the High Court of Judicature at Patna whereby LPA No.84 of 2003 filed by the appellant bank has been dismissed in limine and the order passed by a Single Bench of that Court allowing Writ Petitions No.7367 of 2001 and 5924 of 2002 affirmed.
