1988 INSC 0114
                                                 Tarsem Lal Gautam

                                                           Vs

                                         State Bank of Patiala and Others

                                         Writ Petition No. 13369 of 1984

                                     (Ranganath Misra, S. Ranganathan JJ)

                                                      09.02.1988

                                                        ORDER

1. Heard petitioner in person and counsel for the respondent. The respondent-Bank is a subsidiary of
the State Bank of India. With effect from October 1, 1979 the State Bank of Patiala Officers
(Service Regulations), 1979 came into force. Under the scheme contained in the Regulations the
petitioner was entitled to fitment corresponding to the grade which he held by then. In view of the
fact that he had already been promoted to grade A, on December 1, 1978, he was entitled to
appropriate fitment. The respondent-Bank under an erroneous impression that the scheme required
promotion and not fitment called the petitioner for an interview for the purpose of consideration as
to whether he was suitable for promotion.

2. By an order today in a connected case we have already indicated that the process involved is that
of fitment and not of promotion. Under the scheme contained in the Regulations the employer Bank
was under obligation to give a corresponding post to the appellant with effect from October 1, 1979.

3. We accordingly allow the writ petition and call upon the respondent to provide the appropriate
fitment to the petitioner with effect from October 1, 1979. He shall be entitled to all the benefits on
the basis of fitment from that date. C. V. Madan had intervened in this proceeding. Learned counsel
for the respondent-Bank represents that in the meanwhile he has been removed from the service. No
directions are necessary with regard to him. No costs.

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