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The Madras High Court has ordered an interim stay on a recent circular that took away leave travel concession facility to bank officers for journeys abroad.
“Having regard to the undertaking given by the petitioners and having regard to the rules position, there shall be an order of interim stay until June 12, 2014,” Justice S Nagamuthu observed.
Contentious orderThis was in response to a writ petition moved by the All India State Bank Officers’ Federation, Chennai, and All India Bank Officers Federation, New Delhi. The petitioners had sought an interim stay on a contentious circular of April 7 by the Chief Executive, Indian Banks’ Association (IBA) read with the e-circular dated April 15 by Chairman, State Bank of India (SBI).
Representing the unions, D Thomas Franco Rajendra Dev gave an undertaking that if an interim stay is granted and later if the writ petition is dismissed, the amount paid to cover foreign/overseas travel to officers will be refunded by the individual officers concerned.
The counsel for petitioners cited specific provisions of leave travel/home travel concession rules to substantiate their argument against the circular.
But without making amendment to the said rules, SBI had issued the impugned letter saying that officers shall not be entitled to travel abroad as part of leave travel concession facility. Counsel argued that it was not permissible for respondents to withhold a right guaranteed under the statutory rule and available to members of petitioner unions. In fact, the unions had demanded further liberalisation of the facility in a charter of demands submitted in the current bipartite negotiations.
SBI’s gestureAt no point of time had the IBA indicated any possibility of withdrawing the existing facility. But the Department of Financial Services, Ministry of Finance, forced it into doing exactly this and a communication was sent to all banks, including SBI.
SBI acceded to demands to permit those people who have already purchased tickets to proceed on leave travel, petitioner Rajendra Dev told Business Line . “But there are many who had got the sanction but were not allowed to purchase tickets. With the stay order they can proceed now,” he said.
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