A writ perition in the High Court Bench, Madurai.for minimum salary of bank officer must be equal to group A central govt employee

Message received in WhatsApp:

Mr.S.Dhanasekar, an Officer from Madurai has filed a writ perition in the High Court Bench, Madurai.

His prayer

*To issue a writ or order or direction in the nature of Writ directing the IBA to implement the minimum starting pay of Group “ A “ officers in Govt. Service as the minimum starting pay for J.M.G- Scale 1 in banks by taking into account the Union Cabinet Decisions notified vide their letter No.19/4/2017 – Welfare, Government Of India, Ministry of Finance, Department of Financial Services dt.6-12-2017 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render Justice.*

Grounds for his prayer

1. Indian Banks Association (IBA) being an organ of State has to ensure Equality before the Law by accepting the 7th C.P.C. recommendation formula as the basis for pay revision for Bank Officer’s and to fix the minimum scale corresponding to the equivalent cadre as per the 7th C.P.C., as is being done in the case of other instrumentalities of State including in the U.G.C.,

2. The decision of Union Cabinet is conclusive and is unequivocally binding upon the IBA. When the Union Cabinet has equated the pay status of J.M.G.-1 with that of the Group “A” officers in Government service, IBA ought to have implemented the starting minimum pay of Group “A” officers in Government Service as the minimum pay for JMG- Scale -1.

3. IBA, by not implementing the Union Cabinet decisions and in their defiance is unilaterally acting as a body superior to that of the Union Cabinet itself and therefore any decision contrary to the Union Cabinet notification by not equating the starting pay of J.M.G.-Scale I with that of Group “A” officers in Government service is against natural justice besides unconstitutional.

4. IBA, by not equating J.M.G.-Scale -1 with that of the Group “A” officers in Government service, cannot and ought not to act in derogation of the income equivalence declared and notified by the Union Cabinet. IBA ought not to abrogate and impinge the Union Cabinet’s decision on equivalence of income notified by classifying the posts. Any decision of the IBA not in conformity with the classification notified by Union Cabinet’s is arbitrary, illegal and un-constitutional.

5. The officers of the Banking industry that starts from the cadre of JMG scale -1 and above and belonging to OBC will be permanently deprived of their statutory benefits as the IBA is not placing the OBC on par with Group “A” officers of the Government in the matter of fixing their minimum scale of pay as notified by the Union Government, which is unconstitutional.

6. More so, the Group ‘A” Govt officers’ are getting their increments uninterruptedly. Whereas in case of the bank officers the increments are linked to promotions which would otherwise reach stagnation in view of non-promotion. Further, the promotions are not in the hands of the individual bank officers and it purely depends upon the Individual Banks performance and presence of the branches which also would vary bank to bank. Therefore, IBA’s action of non-fixation of J.M.G.-1 minimum scale as equivalent to Group “A” for OBC would cause permanent inequality as it violates Union Government’s Notification.

7. In any event, IBA is statutorily duty bound to keep the pay relativity in conformity with the Union Cabinet decisions by linking the starting minimum pay of J-M.G.-1 in banks with that of the starting minimum pay fixed by 7th C.P.C. for Group “A” officers in Govt. Service and ought not to impose their arbitrary load factor.

Case was admitted as *WP No.19947/2018* and was heard today by Hon'ble Thiru. Justice S.Vaidyanathan .

It is really heartening to know that the case was admitted by the Hon’ble Judge as prima facie there is justification in the demand of the petitioner in asking the salary of the officer in JMG Scale I equal to Grade “A” officer salary in Government of India,

1. On the lines of ILOs resolution of Minimum Wages
2. Minimum wages formula followed by 7th CPC
3. On the lines of Code on Wages Bill proposed by Govt. of India
4. Charter of Demands submitted by Four officer organisations

The respondents were Govt. of India, IBA and AIBOC besides others.

The Central Government counsel accepted the notice in the court hall itself and notice to other respondents were sent by the court.

Next Hearing Date is fixed at *16.11.2018*.

This writ has come as a boon to the officer organisations, more particularly AIBOC which demanded the wage revision for the officers matching to Grade “A” officers on the minimum wages concept, to join in the issue alongwtih the petitioner so as to get decent wage revision to the Bank Officers.

We also congratulate S.Dhanasekar who filed this thoughtful writ in the interest of the Officers’ community working in the Banking Sector.