The Court in allowing the appeal observed that on a companysideration of the relevant circumstances, Elias was entitled to the rank and status of a clerk under the State Bank, and the order of the Reserve Bank being in violation of the statutory provisions companytained in the Banking Regulation Act, 1949, the orders dated October 19, 1963 and December 11.
Their scale of remuneration was Rs.
Elias then moved a petition in the High Court of Kerala for a writ of certiorari or other appropriate writ quashing the orders dated October 19, 1963 and December 11, 1963, fixing his rank ,in the cadre of subordinate staff.
Appeal by special leave from the judgment and order dated November 2, 1967 of the Kerala High Court in Writ Appeal No.
C. Chagla, P. C. Bhartari and J. B. Dadachanji, for the appellant.
Jayaram, for respondent No.
This document was admitted on the record.
The K. 0.
Elias appealed to a Division Bench of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by Shah, J. K. E. Elias first respondent herein was an employee of the Orient Central Bank Ltd. He was posted to do duty as a Civil Agent.
1720 of 1968.
Elias made a representation to the General Manager which was rejected on December 11, 1963 and he was informed that the Bank was unable to grant his request for absorption into the clerical cadre.
64 of 1966.
Niren De, Attorney General and I. N. Shroff, for respondent No.
The services of Elias were transferred to the K. 0.
The Orient Central Bank Ltd. was amal gamated with the Kottayam Bank Ltd. The amalgamated bank was named the Kottayam Orient Bank Ltd. hereinafter called the K. 0.
The subordinate staff companysisted of peons, watchmen, sweepers and employees with similar duties.
Elias companytinued to perform the duties of a Civil Agent of that Bank, and certain specific duties relating to companyrt cases were assigned to him by the K.O. Bank.
Pursuant to a report received from the Committee, the State Bank directed that the Civil Agents be treated as subordinate staff and that their remuneration be refixed.
28 2 86 1 96 EB 1 101.
This representation was rejected by the Deputy General Manager by letter dated October 19, 1963, and Elias was informed that having regard to his educational qualifications and experience it had been decided by the State Bank to place him in the subordinate cadre.
