Sujay Gopal Rao Vs Government of India

1.Government of India, rep. by its Under Secretary, Ministry of Finance, Banking Division, Jeevan Deep, III Floor, Parliament Street, New Delhi. 2.The Reserve Bank of India, rep. by its Executive Director, New Central Office Building, Shahid Bhagar Singh Rd, Fort, Mumbai, Maharashtra – 400 001.

¶10

1/11

¶11

https://www.mhc.tn.gov.in/judis

¶12

3.Indian Overseas Bank, rep. by its Managing Director & Chief Executive Officer, Central Office, No.763, Annasalai, Chennai – 600 002.

¶13

W.P.No.2290 of 2024

¶14

4.The General Manager, Human Resource Management Department, Indian Overseas Bank, Central Office, No.763, Annasalai, Chennai – 600 002.

¶15

5.The Chief Manager, Personnel Administration Department, Indian Overseas Bank, Central Office, Retirees Grievances Cell, No.763, Annasalai, Chennai – 600 002. ….. Respondents

¶16

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to implement the approved terms of the Working Group of Standing Committee formed by Government of India (hereinafter referred as WGSC) and pay the petitioners the revised salary and perks as per WGSC with accumulated interest for the period of their overseas service/employment with the third

¶17

2/11

¶18

https://www.mhc.tn.gov.in/judis

¶19

W.P.No.2290 of 2024

¶20

respondent’s overseas branches.

¶21

For Petitioners	: Mr.K.J.Parthasarathy
For R1	: Mrs.V.Sudha
	Special Panel Counsel
For R2	: Mr.C.Mohan
	Assisted by Ms.A.Rexy Josephine mary
	for M/s.King and Partride
For R3 to R5	: Mr.K.K.Sivashanmugam

¶22

ORDER

¶23

This Writ Petition has been filed seeking a direction to the third

¶24

respondent to implement the approved terms of the Working Group of Standing Committee formed by Government of India and to pay the

¶25

petitioners revised salary along with interest.

¶26

2.Heard the learned counsel appearing on either side and perused the

¶27

materials available on record.

¶28

3/11

¶29

https://www.mhc.tn.gov.in/judis

¶30

W.P.No.2290 of 2024

¶31

3.The petitioners had joined the services of the third respondent under

¶32

various cadres. The third respondent operates branches in overseas nations. The first petitioner was posted in Hongkong, the second petitioner was posted in Malaysia and the third petitioner was posted in Bangkok in the overseas branches of the third respondent. The third respondent is a signatory to the Working Group of Standing Committee (hereinafter referred to as “WGSC”) by which the revision in pay scale/salary/perks of the overseas officers of the Public Sector Banks working in overseas branches is determined year after year.

¶33

4.As per the terms of the guidelines of Ministry of Finance dated 04.11.2011, the salary of the overseas employees shall be fixed by the Standing Committee of the WGSC. However, the third respondent has not revised the salary of its overseas officers after 2014, citing the Prompt

¶34

4/11

¶35

https://www.mhc.tn.gov.in/judis

¶36

W.P.No.2290 of 2024 Corrective Action imposed by Reserve Bank of India. The third respondent,

¶37

being a signatory and accepting the WGSC guidelines, has discriminated against the petitioners without any reason. In terms of the circular dated 02.01.2020 issued by the third respondent, the first petitioner submitted a representation for revision of salary and payment of arrears. Thereafter, he retired from service on 31.05.2021. The second petitioner retired from service on 30.09.2023 and the third petitioner retired from service on 16.12.2022. All of them have submitted representations, but no action has been taken. In fact, other Public Sector Banks, which are also signatories to the WGSC, have implemented and revised the salary of all their overseas employees.

¶38

5.A perusal of the counter filed by the respondents 3 to 5 as well as

¶39

the submissions made by the learned counsel appearing for them, reveals

¶40

that the petitioners, who were aware of the Prompt Corrective Action

¶41

5/11

¶42

https://www.mhc.tn.gov.in/judis

¶43

W.P.No.2290 of 2024 imposed by the Reserve Bank of India and which was in force till 29.09.2021, cannot claim revision of salary for overseas officers as a matter

¶44

of right. The service conditions of the selected officers for overseas postings are guided by the letter of undertaking executed by them prior to proceeding to their respective overseas branches, along with the applicable Regulations, Rules, Guidelines, etc. The Government of Tamil Nadu has formed the WGSC to adopt uniform guidelines regarding salary and service terms applicable to India-based officers posted abroad.

¶45

6.As per the guidelines issued by the Ministry of Finance, the

¶46

recommendations of WGSC are to be implemented by the banks with the consent of their respective Boards. In the present case, the Board has not consented to the implementation of the said recommendations. That apart, after having been retired from service on attaining the age of superannuation, the petitioners cannot now seek implementation of the approval terms of WGSC in respect of their salary and pension. A Writ of

¶47

6/11

¶48

https://www.mhc.tn.gov.in/judis

¶49

W.P.No.2290 of 2024 Mandamus can be issued only to enforce an existing legal right. Therefore, when the petitioners are not vested with any legally enforceable right to claim salary as per the recommendations of the WGSC, that too with retrospective effect, the relief sought for cannot be granted.

¶50

7.In view of the above, the direction sought for in this writ petition cannot be considered. Thus, the writ petition lacks merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

¶51

27.10.2025

¶52

Neutral citation :Yes/No Index:Yes/No Speaking/Non speaking Lpp

¶53

To

¶54

1.The Under Secretary, Government of India, Ministry of Finance,

¶55

7/11

¶56

https://www.mhc.tn.gov.in/judis

¶57

W.P.No.2290 of 2024

¶58

Banking Division, Jeevan Deep, III Floor, Parliament Street, New Delhi.

¶59

2.The Executive Director, Reserve Bank of India, New Central Office Building, Shahid Bhagar Singh Rd, Fort, Mumbai, Maharashtra – 400 001.

¶60

3.The Managing Director & Chief Executive Officer, Indian Overseas Bank, Central Office, No.763, Annasalai, Chennai – 600 002.

¶61

4.The General Manager, Human Resource Management Department, Indian Overseas Bank, Central Office, No.763, Annasalai, Chennai – 600 002.

¶62

5.The Chief Manager, Personnel Administration Department, Indian Overseas Bank, Central Office, Retirees Grievances Cell, No.763, Annasalai, Chennai – 600 002.

¶63

8/11

¶64

https://www.mhc.tn.gov.in/judis

¶65

W.P.No.2290 of 2024

¶66

G.K.ILANTHIRAIYAN, J.

¶67

Lpp

¶68

9/11