CH PAPANNA Vs. PERSONAL MANAGER SBI

JUDGEMENT

(1.) In this writ petition the petitioner has sought for declaration that the action of the respondents-Bank in disqualifying him for recruitment to the Post of messenger on the ground of possessing higher education qualification i.e., passing out S.S.C. as discriminatory and violative of Articles 14 and 16 of the Constitution of India and further he has sought a direction to the respondents to appoint him as a Messenger in the services of the respondents-Bank.

(2.) It is the case of the petitioner that he passed S.S.C. Examination in the year 1974. He was originally appointed as a temporary Messenger at the Kumool Branch of the State Bank of India in April, 1977 and he worked there between April, 1977 and July, 1981 for a total period of 331 days. In the year 1986 when the respondents-Bank proceeded to absorb the services of temporary class-IV employees who worked for more than 270 days within a span of 3 years, the petitioner laid his claim for absorption. He was permitted to appear for interview held on 5-4-1986. Later, on 28-7-1986 he was informed by the Bank authorities that he was disqualified for the post of Messenger in that he is over-qualified. According to the Regulations governing recruitment to the Post of Messengers/Watchman/Armed Guards, one should have VIII Class passed, but not X Class passed to seek appointment to those posts. Admittedly in the present case the petitioner had S.S.C. even at the time of initial appointment. Placing reliance on the Regulations, the Bank has refused to regularise his services though he had put in more than 270 days of total service within a period of 3 years.

(3.) A counter has been filed by the Bank authorities. Subsequently when this matter was heard on last occasion, the learned Standing Counsel for the Bank sought permission to file additional counter affidavit to highlight the reasons for prescribing lower educational qualifications for the post and accordingly additional counter affidavit was also filed. In the additional counter affidavit filedby the Bank it has given certain reasons as to why the Bank has prescribed the lower educational qualification for the Post of Messenger and highlighted the utility of such prescription both in terms of interest of the Bank as well as the public interest.