STATE BANK OF INDIA & ORS. versus YOGENDRA KUMAR SRIVASTAVA & ORS.

Citation: [1987] 3 S.C.R. 115 · Decided: 01-05-1987 · Supreme Court of India · Bench: O. CHINNAPPA REDDY

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Judgment (excerpt)

t 
STATE BANK OF INDIA & ORS. 
A 
v. 
YOGENDRA KUMAR SRIVASTAVA & ORS. 
MAY 1, 1987. 
[0. CHINNAPPA REDDY AND MURARI MOHON DUTT, JJ.] B 
Service Law 
State Bank of India Officers' (Determination of Terms and Con-
ditions of Service) Order, 1979: Paragraphs 2( 1), 3(h), 7, 8 & 18(5)-
Merger of Grade-I and Grade-II Officers existing on October 1, 1979 C 
into Junior Management Grade-Probationary Trainee Officers 
appointed in Grade-I on October 30/31, 1979-Fixation of inter se 
seniority. 
Statutory Construction 
Repugnancy-'Definition' Clause-When repugnant to other 
provisions. 
Consequent to an agreement between the Executive Committee of 
D 
the Central Board of the appellant Bank and its Officers' Federation, in 
pursuance of the Pillai Committee Report, the Grade-I and Grade-II 
E 
Officers discharging managerial and supervisory functions, were 
merged into the new Junior Management Grade. It was agreed that 
Officer> .,; Grade-H would be junior to the existing officers of Grade-I 
and the seniority list would be prepared accordingly. Thereafter, in 
exercise of powers conferred by suh-s. (1) of s. 43 of the State Bank of 
India Act, 1955 the State Bank of India Officers' (Determination of 
F 
Terms and Conditions of Service) Order, 1979 was made and brought 
into force with effect from October 1, 1979. Paragraph 2(1) of that 
Order provided that it shall apply to the existing officers of the Bank 
and to such employees of the Bank to whom it may be made applicable. 
Under paragraph 3(h) the expression "existing officers" was defined to 
mean officers in the service of the Bank Immediately prior to the 
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appointed date, i.e., October 1, 1979. Paragraph 7 provided for the 
placement of existing officers on the appointed date in the correspond· 
ing new grades and scales. Paragraph 8(1) provided for fltment of 
existing officers in the new grades, and scales of pay in accordance with 
paragraph 7, at a stage corresponding to the existing grade and scale. 
Under paragraph 18(5) the seniority among the existing officers was to 
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SUPREME COURT REPORTS 
[1987} 3 S.C.R. 
remain the same, i.e., the Officers Grade-I were to rank senior to 
Officers Grade-II. 
Certain Probationary{frainee Officers, who were appointed by 
the Bank in Grade-I on October 30/31, 1979 before the Order was made 
on December 19, 1979 rded writ petitions before the Allahabad High 
Court and some others before the Delhi High Court claiming seniority 
over the erstwhile Grade-II Officers, in which it was contended for the 
Bank that since the petitioners were not the employees or the Bank on 
October 1, 1979, i.e., the appointed date, they could not be given 
seniority over the erstwhile Grade-II Officers, who were the 'existing 
officers' within the meaning of the expression under paragraph 3(h) of 
the Order. 
The Allahabad High Court took the view that the expression 
'existing officers' has to be read as including the Probationary Officers 
and Trainee Officers, otherwise a repugnancy between the definition of 
'existing officers' and the provisions of paragraph 7 and 8 or the Order 
will arise, that the notional date of the coming into force of the Order, 
viz., October 1, 1979 is only to protect the emolnments of the officers 
and nothing else, and directed the Bank to prepare the seniority list of 
its officers accordingly. The Delhi High Court, however, took a con-
trary view and dismissed the writ petitions. 
E 
In these appeals by the Bank against the decision or the Allahabad 
High Court and Special Leave Petition by the Probationary {frainee 
Officers against the decision of the Delhi High Court, it was submitted i 
for the Probationary {frainee Officers in support of their contention 
that they should be considered as 'existing officers' within the meaning 
of paragraph 3(h) of the Order, that the Bank itself had treated them as 
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'existing officers' by fitting them to the Junior Management Grade and 
giving them a higher start of Rs.960 p.m., that such fitment had been 
made by the Bank following the principles laid down in paragraphs 7 
and 8 of the Order, that unless the expression 'existing officers' is read 
as including 'Probationary/Trainee Officers', three will be a repu-
gnancy between the dermition of 'existing officers', as contained in 
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paragraph 3(h) and the provisions of the paragraphs 7 and 8 of the 
Order, that the definition of 'existing officers' is only illustrative and 
-1. ·
not 

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