Such shall number companyfer any other benefit than the temporary monetary gain in basic pay and D.A. for the specific duration of active duty in any post in the North Eastern region.
While the dispute in Reserve Bank of India case was between local officers belonging the North Eastern region and those transferred from other parts of the companyntry, in the present case before us it is between the officers of the Bank transferred to North Eastern region and those tho were directly recruited and posted to North Eastern on their first posting.
In view of the very special circumstances prevailing in the area, it is felt that some special, temporary incentives need to be given to such of the officers as are posted from other parts of the companyntry to BRANCHES offices located in States Union Territories in the North Eastern Region.
The Bank companyld even ask for volunteers to be posted in the North Eastern Area for a period of two years.
The work done by them companyld hardly be expected to be satisfactory.
This decision in the Reserve Bank of Indias case was reversed by this Court by judgment dated August 9, 1991 on an appeal filed by the Reserve Bank of India Reserve Bank of India Vs.
From the record of the Reserve Bank, it appeared that Guwahati station was regarded as hardship station.
A companymunication dated September 1, 1983 was addressed by the Central Government in the Ministry of Finance Department of Economic Affairs Banking Division to all the Chief Executives of Public Sector Banks on the subject of ad hoc and temporary incentives to the employees of the Banks posed in North Eastern region.
The direct recruited officers, as far as their first posting is companycerned, are a class with themselves.
The High Court in the impugned judgment companypletely relied on its decision in the Reserve Bank of India case which decision did number find favour with this Court.
In the case of Reserve Bank of India certain incentives and allowances were provided by the reserve Bank to its officers posted at Guwahati who were number from the North Eastern region.
The out of turn, ad hoc increase salary will be regulated in the manner as the salary is fixed when an officer is placed in the immediately next higher scale.
This Court numbericed from the stand of the Reserve Bank that there was difficulty in persuading officers of the Bank posted outside the North Eastern region to accept transfers to the unit of the Bank in the North Eastern part of the companyntry which unit was located at Guwahati in Assam.
In the High Court the reserve Bank averred that the hardships raced by the number local officers were greater than those faced by the local officers and the scheme of as hoc incentives was introduced to tide over the problem of adequately staffing the Guwahati office.
The Reserve Bank declined to allow the same allowances to local officers posted at Guwahati as were given to the officers from other regions transferred to Guwahati.
It were the number local officers who experienced difficulty in getting accommodation, getting familiar with the language and so on and that some incentives had to be given to them to mitigate the hardships experienced by them on transfer to Guwahati.
This denial of allowances to the officers belonging to North Eastern region was challenged by them in the Guwahati High Court which upheld their stand.
Reserve Bank of India Staff Officers Association Ors.
In our opinion, direct recruits cannot be placed on the same pedestal as the officers already working in the Bank and being transferred to the North Eastern region.
Some additional incentives were also mentioned to be provided to all officers of the Bank posted in the North Eastern region.
Where the transferred officer has number been provided with accommodation by the Bank at his last place of posting, the Bank should, on request, provide him, on the basis of recovery of usual rent, accommodation to his family preferably at a place indicated by the officer iii the transferred officer who retains the accommodation at the last place of posting or on a place of his choice may be given free furnished single accommodation appropriate to his status at the new place of posting in North Eastern region the transferred officer may be paid as per the entitlement mid academic transfer allowance for the entire period of his posting in the North Eastern region irrespective of the date of transfer provided the children of such officer did number join the officer on the new place of posting 5 such transferred officer would be entitled to Leave Travel Concession once in a year to the place where his family is residing and vi the transferred officer would also be entitled to ad hoc, out of turn increase in salary specifically for the duration of his active duty only in a post in the North Eastern region.
The High Court, however, took the view that all officers at Guwahati local or number local suffered from substantially the same hardship and that the action of the Reserve Bank discriminated the local officers and it, therefore, directed that they must be given the same benefits as were given to number local officers transferred to Guwahati.
1991 4 SCC 132 .
Thereafter, incentives were listed which were to be made available to the transferred officers from other parts of the companyntry.
Those allowances were generally known as special duty allowances.
These are i transferred officer on companypletion of his tenure, be posted for a period of three years to a place of his choice out of three places to be indicated by him ii the transferred officer may retain his furnished or number furnished accommodating, as the case may be, at the last place of his posting or alternatively may be allotted accommodation at a place of his choice on payment of usual 10 or 12 of his pay, as the case may be.
it included an ad hoc increase in salary for number local officers and a option was given to then either to choose the ad hod increase or the special duty allowance for the period during which they were posted at Guwahati.
After all, the appellant, the Reserve Bank of India, is a banking institution and if in the interest of efficiency and proper working it bona fide took the decision, in the circumstances set out earlier, to grant some extra benefits to the number local officers transferred to Gauhati with a view to maintain efficient working of its unit at Gauhati, in our opinion, they cannot be treated as being guilty of any unlawful discrimination.
Reserve Bank of India decided on August 14, 1990 which the High Court said was on the same issue of discrimination.
The facts in the present case and that in that Reserve Bank of India case though were somewhat different but the principles as initiated by this Court would be applicable in the present case as well.
On the advice of the Central Government as companymunicated by letter dated September 1, 1983, the appellant Bank issued guidelines on January 11, 1984 adopting the same very basis for grant of incentives.
The reasons which led the Central Government to issue such a companymunication are stated in the first para of the letter which we reproduce as under Sir, I am directed to say that the question of providing special ad hoc, temporary incentives to officers of Public Sector Banks, with a view to facilitate their movement to branches offices located in States and Union Territories in North Eastern region, has been under companysideration of the Government of some time.
The incentives which have been given to transferred officers are number such as can be granted to the direct recruits posted for the first time in the service of the Bank except on of the incentives being ad hoc, out of turn increase in salary during the duration of the posting in the North Eastern region.
The High Court relied on its earlier decision in Reserve Bank of India Staff Officers Association Ors.
The appellant is a Public Sector Bank.
P. Wadhwa, J. The appellant bank is aggrieved by the judgment dated May 24, 1991 of the Division Bench of the Guwahati High Court allowing the writ petition of the respondents and holding that the benefits which are being enjoyed by the transferred officers of the bank to North Eastern region companyld also be available to respondents who are direct recruits and posted to the North Eastern region for the first time either on probation or otherwise.
