BHAGWAN SARASWAT Vs. STATE BANK OF INDIA, KANPUR

JUDGEMENT

(1.) This is a second appeal by the appellant (Plaintiff) against the judgment and decree D/- 1-7-1981. passed by Sri B.D. Agarwal, District Judge, Kanpur setting aside the judgment and decree of the trial court and dismissing the suit of the plaintiff.

(2.) The facts as gleaned from the judgement of the lower appellate court, are that the plaintiff, an ex-serviceman, was appointed as guard on temporary basis at the State Bank, Etah Branch with effect from 10-4-1971 and continued as such till 31-5-1971. He was again appointed for the same post on 14-10-1971 and continued till 12-11-1971. The post of the guard is in the subordinate cadre of the State Bank for which minimum and maximum educational qualification was not prescribed. On Mar 1,1967, a communication (Ext. A17) was sent to all the Agents in all the Branches of the Kanpur Circle by the Deputy Secretary and Treasurer intimating the former that "only such persons should be considered for recruitment to the subordinate cadre, who have not passed the matriculate or its equivalent examination but who are otherwise wholly conversant with the regional language and/or Hindi/English". On 25th Mar, 1972, a memo was issued to the plaintiff by the State Bank, Farrukhabad Branch intimating that for recruitment of guards, an interview would be held on 1-5-1972 and the plaintiff might appear if he so desired. The plaintiff did appear in the said interview on 1-5-1972 with his School Leaving Certificate of having passed Class IX from a school at Hathras in District Aligarh. In Aug., 1972, the plaintiff filled in a form for High School Examination, 1973, conducted by the U.P. Board, which he passed in Ilnd Division as per result declared on 2nd July, 1973. On 15-9-1973, the Regional Manager sent a letter to the Branch Manager, Kanpur intimating that the plaintiff had been selected for the post of Bank Guard on six months probation. The Branch Manager was also asked to satisfy himself in regard to the plaintiffs educational qualification, inter alia that he was not above IIIrd Class matriculate (Ext. A21). On 12-11-1973, the Regional Manager issued the memo of appointment to the plaintiff intimating that he had been selected for appointment as a guard on six months probation' subject, inter alia, to production of satisfactory proof of educational qualification. The plaintiff was required to report to the Branch Manager, Medical College Branch, Kanpur before 23-11-1973 (Ext. A2). Thereupon, the plaintiff reported for duty to the Branch Manager, Medical College Branch of the State Bank at Kanpur. The plaintiff continued in service ever since 4-12-1973 as Bank Guard and by letter D/- 11-6-1974, the plaintiff was intimated by the Branch Manager that under the instructions received from the Head Office, the former was confirmed in the existing appointment with effect from 4-6-1974 (Ext. A28).

(3.) On 12-6-1974, the plaintiff applied to the Branch Manager, Medical College Branch, Kanpur for according permission to appear at the Intermediate Examination, 1975. In the said application, he stated the fact that he had passed High School Examination with IInd Division in 1973. On July 13, 1974, the plaintiff requested the Branch Manager to forward his application, of date to the Manager, Reserve Bank of India, Kanpur for the post of clerk (Typist) advertised on 26th July, 1974 (Ext. A13).