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2005 DIGILAW 1757 (SC)

STATE BANK OF INDIA v. SANTOSH KUMAR SHARMA

2005-10-28

A.R.LAKSHMANAN, C.K.THAKKER, RUMA PAL

body2005
ORDER 1. Leave granted. 2. The respondent is an agricultural assistant with the appellant Bank. He filed a writ petition before the High Court of Punjab and Haryana in which he claimed a special allowance payable to the technical staff in the clerical cadre. The claim was based upon para 4.17 of a circular dated 22-5-1999. The writ petition was allowed relying upon an earlier decision of the High Court in Ashok Kumar Verma. The Bank has preferred an appeal from the decision in Ashok Kumar Verma case. The special leave petition is pending (SLP No. 815695 of 2004). 3. None appears on behalf of the respondent despite the fact that the matter has been fixed for final disposal today and has been called on twice. 4. The appellant has submitted that the circular dated 22-5-1999 had been issued on the basis of a settlement entered into between the Bank and its employees by which the Bank had agreed to continue benefits of special allowance which had been granted to technical/maintenance staff performing the specialised jobs which was the subject-matter of the earlier settlement dated 27-10-1997. 5. The 1997 settlement shows that the special allowance envisaged therein was related to the service conditions of maintenance staff. The settlement relates to the career path for the technical/specialised staff attending to maintenance work in the appellant's offices. It is clear from the • first clause of the settlement that the settlement referred to persons in the maintenance section who were plumbers, pump attendants and fitters, etc. In fact clause (4) of the settlement reads as follows: "The technical/specialist staff in clerical cadre such as AC plant operator/control room operators/pharmacists/nurses/armourers, etc. will on completion of 10 years' service, be redesignated as senior plant assistant/senior control room assistants/senior pharmacists/senior nurses/ senior armourers, etc. and paid a special allowance of Rs 486 p.m." 6. On the basis of the settlement a circular was issued on 4-11-1997 by the appellant reproducing the clauses which formed part of the 1997 settlement including clauses (1) and (4) thereof. 7. A new settlement was entered into on 12-4-1999 between the appellant Bank and the workers' federation regarding the promotional avenues and 1 career progress for the staff (referred to herein as "the 1997 settlement"). As we have already noticed, this settlement continued the special allowance payable under the 1997 settlement payable to the maintenance staff. 7. A new settlement was entered into on 12-4-1999 between the appellant Bank and the workers' federation regarding the promotional avenues and 1 career progress for the staff (referred to herein as "the 1997 settlement"). As we have already noticed, this settlement continued the special allowance payable under the 1997 settlement payable to the maintenance staff. In addition, it was made clear that the dispensation evolved in consultation with the staff federation on 27-10-1997 would continue. The employees performing specialised jobs such as pharmacists/nurses/armourer/ AC plant f operator/control room operators would continue to be governed by the existing policy whereby on completion of 10 years' service they are redesignated as senior pharmacists/senior nurses/senior armourers/senior AC plant operator/senior control room operators. On completion of 25 years of service in the cadre, they would be paid a special allowance of Rs 786 p.m. 8. The circular which was issued on the basis of this settlement was dated 22-5-1999. Para 4.17 of that circular which was construed by the High Court reads as follows: "The technical staff in the clerical cadre, having the prescribed qualifications and performing specialised skilled jobs will be eligible for the special allowance of Rs 486 p.m. on completion of 10 years of service in the cadre as hitherto. On completion of 25 years' service in the cadre they will be eligible for the special allowance of Rs 786 p.m. in the subordinate cadre, such employees with a technical qualification will be eligible for a special allowance after completion of 8 years' service and promotion to clerical cadre if found suitable in an interview vide our Letter No. CDD:IR:CIR:31 dated 4-11-1997, however, in their case transfers may be effected to the extent possible as similar positions may not be available in other offices." 9. By allowing the writ petition the High Court held that the phrase technical staff in the clerical cadre would cover persons like the appellant who was an agricultural assistant. It was held that the agricultural assistants were performing specialised/skilled jobs and as such they could not be deprived of the benefit of the special allowance permissible under para 4.17 of the 1999 circular. 10. The High Court has construed para 4.17 of the 1999 circular dehors the context in which it was made. It was held that the agricultural assistants were performing specialised/skilled jobs and as such they could not be deprived of the benefit of the special allowance permissible under para 4.17 of the 1999 circular. 10. The High Court has construed para 4.17 of the 1999 circular dehors the context in which it was made. It is clear from the facts as narrated by us earlier that the special allowance was payable only to the persons performing specialised/skilled jobs in connection with the maintenance section of the appellant. This is made amply clear by the reference in para 4.17 of the 1999 circular to the 1997 circular, which, as we have noted earlier, is restricted to the special allowance payable to the staff of the maintenance section alone. The words "technical staff in the clerical cadre", therefore, could not be given any other meaning. 11. The appeals are, accordingly, allowed. The order of the High Court is set aside and the writ petition of the respondent is dismissed. There shall be no order as to costs.