PUNJAB NATIONAL BANK versus K.C. CHOPRA AND ANR.

Citation: [1997] SUPP. 3 S.C.R. 52 · Decided: 24-07-1997 · Supreme Court of India · Bench: SUJATA V. MANOHAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
PUNJAB NATIONAL BANK 
v. 
K.C. CHOPRA AND ANR. 
JULY 24, 1997 
B 
[SUJATA V. MANOHAR AND M. JAGANNADHA RAO, JJ.] 
Service Law : 
Punjab National Bank (Officers) Se1vice Regulations, 1979: 
C 
Retirement-Bank Office1~Age of superannuation-Regulations 
providing age of superannuation as 60 years for those reciuite prior to 
19-7-1969, and 58 years for those rec1uited on or after the said date-Appel-
lant who joined the Bank on deputation on 10.3.1970 and was absorbed in 
the services of the Bank w.e.f 10.3.72 was retired at the age of SB years-Order 
D of superannuation held valid-Article 14 of the Constitution cannot be 
applied to a situation where its benefit as claimed would be contra1y to 
law---<::onstitution of India-A1ticle 14. 
E 
F 
G 
KK Tandon v. Punjab National Bank & Ors., (1997) Vol. 6 SCC P. 
488, approved. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1136 of 
1992. 
From the Judgment and Order dated 27.11.91 of the Delhi High 
Court in C.W.P. No. 1288 of 1990. 
N.B. Shetye and Ms. Meera Mathur for JBD & Co., for the Appel-
lant. 
R.L. Tandon, Ajoy Tandon and Ashok K. Mahajan for the Respon-
dents. 
The following Order of the Court was delivered : 
The respondent was the Assistant Director in the small Industries 
Development Organisation, Government of India at the material time. He 
went on deputation on 10.3.1970 to the appellant-Bank. On the expiry of 
H the period of deputation, he was absorbed in the permanent service of the 
52 
• 
... 
P.N.B. v. KC. CHOPRA 
53 
appellant-Bank with effect from 10.3.1972. The letter of 16.3.1972 issued A 
by the appellant-Bank sets out that he has been absorbed in the permanent 
service of the Bank in the category of Officer Grade 'B' with effect from 
10.3.1972. Clause 2 of this letter states that the Bank reserves the right to 
revise the rules relating to the officers and their conditions of service from 
time to time. The Government of India, Ministry of Industry and Civil B 
supplies by its letter dated 12.5.1975 conveyed the sanction of the President 
to the permanent absorption of the respondent in public interest in the 
service of the appellant-Bank with effect from 10.3.1972. On his perma~ent 
absorption, the eligibility of the respondent to pension/gratuity from the 
Government was also spelt out in the letter of sanction. The letter of 
sanction inter alia, also stated that, from the date of permanent absorption, C 
the respondent will be entitled to all the benefits admissible to correspond-
ing employees of the Bank and he will continue to be governed by the Rules 
of the appellant -Bank in all respects. 
In 1979, the Government of India issued certain guidelines relating 
to the service conditions of employees of Nationalised Banks pursuant to D 
which the appellant-Bank framed Punjab National Bank (Officers) Service 
Regulations, 1979. Under these Regulations, it was provided as follows : 
"1. An officer employee of the Bank recruited/promoted prior 
to 19th July, 1969 shall retire on completion of 60 years of age. 
E 
2. An officer employee of the Bank recruited prior to 19th July, 
1969 but promoted as an officer on or after 19th July, 1966 shall 
retire on completion of 60 yeas of age. 
3. An officer employee of the Bank recruited as an award staff F 
or an officer employee on or after 19th July, 1969 shall retire on 
completion of 58 years of age." 
The reference to the date 19.7.1969 in these Regulations is to the 
date of nationalisation of the appellant-Bank. Prior to nationalisation of G 
the appellant-Bank, its own service regulations prescribed for its officer 
employees retirement at the age of 60. After nationalisation, as per Govern-
ment guidelines, the new regulations prescribed the retirement age of 58 
years for officer employees. Hence the Regulations provide that officer 
employees who were recruited prior to nationalisation shall retire on 
completion of 60 years of age while the officer employees of the bank who H 
54 
SUPREME COURT REPORTS (1997] SUPP. 3 S.C.R. 
A were employed after 19.7.1969 shall retire on completion of 58 years of age. 
B 
Since the respondent was absorbed in the service of the appellant-Bank on ,,. 
10.3.1972, he was retired at the age of 58 years with effect from 30.4.1990 
since he completed 58 years on 7.4.1990. 
It seems that in the case of one H.C. Nakra who was originally in the 
employment of the State Trading Corporation but had later joined the 
appellant-Bank, on a representation made to t
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