GANGA M Vs. ZONAL MANAGER INDIAN BANK

JUDGEMENT

(1.) The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in not considering the petitioner's case for regularization in regular vacancy in preference to outsiders, in spite of serving for ten years as Sweeper as illegal and unjust and consequently direct the respondents to regularize the petitioner in the post of permanent part-time Sweeper with all consequential benefits and pass such other suitable orders.

(2.) Heard the Counsel on record.

(3.) The case of the petitioner is that she had been working as temporary Sweeper on daily wages since 1987 and whenever the permanent Sweeper had gone on leave at Gokavaram Branch, East Godavari District. It is stated that the regular Sweeper Nukalamma retired on 30-6-1994 and since then the services of the petitioner were being utilized regularly for the duties as Sweeper and she had been discharging her duties to the satisfaction of her superiors without any remark whatsoever. It is also stated that she had studied upto V class and registered herself with Employment Exchange and she is well qualified and experienced to hold the said post of Sweeper in the respondents-Bank. It is also stated that due to the retirement of Nukalamma on 30-6-1994, a regular vacancy arose. It is further stated that the writ petitioner made representation dated 25-11-1995 for regularizing her services in the existing vacancy at the said branch and the Branch Manager vide his letter dated 26-11-1995 forwarded the representation confirming that she had been, working as Sweeper on daily wages and he also recommended her case on the ground that she had gained experience in the Branch for the last 18 months and having requisite qualifications. It is further stated that the Manager vide his letter dated 9-4-1994 also stated that V. Nukalamma is relieving on 30-6-1994 and that the writ petitioner was working in the leave vacancy and also requested the Regional Manager to confirm the petitioner in the said post of permanent part-time Sweeper. Thereafter, the Manager vide his letter dated 30-8-1994 engaged the petitioner in the post of part-time Sweeper with effect from 1-7-1994 and also requested the Regional Manager to fill up the vacancy of permanent part-time Sweeper at the earliest and also recommended the case of the petitioner and in spite of the recommendation of the Manager to consider her case for the said post, her case was not considered. It is also stated that on the instructions of the Zonal Manager, the Regional Manager alleged to have advised the Branch Manager not to engage the services of the petitioner vide his letter in the month of January 1996. Several other allegations also had been made and it was ultimately stated that the petitioner had put in enough experience by having ten years of service as Sweeper. It is also stated that the workmen shall be regularized by ignoring the artificial breaks for short periods and hence the writ petitioner also is entitled to regularization.