SHIVAJI Vs. MALAPRABHA GRAMEENA BANK DHARWAD

JUDGEMENT

(1.) THE petitioners in these petitions, assailing the correctness of the impugned circular dated 3rd November, 2000 issued by the first respondent vide Annexure-J in respect of norms provided for filing up of posts of clerk from the cadre of Messenger-cum-Sweeper, have presented the instant writ petitions. Further, the petitioners have sought for a direction, directing the respondents to consider the case of the petitioners in terms of the circular dated 21st April, 1997 and declare that, without considering the case of petitioners in terms of the circular dated 21st April, 1997 and resorting to fill up the posts by means of the norms as contemplated under the circular dated 3rd November, 2000 is arbitrary, discriminatory and violative of Articles 14 and 16 of the constitution of India.

(2.) THE grievance of the petitioners in these petitions is that, petitioner in first petition and petitioner in second petition were initially appointed as Probationary Messenger-cum-Sweeper during the years 1988 and 1993 respectively. Subsequently, they have been confirmed and posted as officiating clerks in the years 1995 and 1994 respectively. Thereafter, the petitioners have been given an order to draw the officiating allowance by a communication. When things stood thus, the respondents, by their order dated 3rd August, 1999, have relieved the petitioners from clerical duties and asked them to work as messenger-cum-Sweeper vide Annexures-C and D respectively in these two petitions. Being aggrieved by the said order dated 3rd August, 1999, the petitioners earlier had filed Writ Petition No. 18106 of 2000 and writ Petition No 23241 of 2000 respectively before this Court. Both these petitions had come up for consideration before this Court on 8th august, 2003 and this Court, after hearing both sides, has rejected Writ petition No. 18106 of 2000 (filed by petitioner in first petition) and so far as Writ Petition No. 23241 of 2000 filed by the petitioner in second writ petition is concerned, the same has been disposed of with a direction to respondent-authority to consider the representation stated to have been filed by the said petitioner on 15th August, 1999, if it is available in the records and pass appropriate orders in accordance with law, as expeditiously as possible. Be that as it may.

(3.) THEREAFTER, the petitioner in first writ petition has given detailed representations to the Chairman of the first respondent-Malaprabha grameena Bank, Dharwad (hereinafter called "bank") on 15th August, 1999, 12th December, 1999 and 20th December, 1999 respectively vide annexures-D, E and F and the second petitioner has given representation dated 15th August, 1999 vide Annexure-F. When such being the position, it is the case of the petitioners that, though the petitioners are eligible to the post of Clerks, the respondents have proceeded to fill up the said posts by means of the impugned circular dated 3rd November, 2000. Being aggrieved by the impugned circular dated 3rd November, 2000 and also for not extending the benefit of the circular dated 24th March, 2000 the petitioners having no other alternative efficacious remedy, felt necessitated to present these petitions