SUDARSAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner who is a Sweeper appointed temporarily on daily basis on March 28, 1990 by the respondent bank has prayed in this application under Article 226 of the Constitution of India, for a writ, inter alia, in the nature of mandamus commanding the respondents to regularise the service of the petitioner in the post of Sweeper in respect of Argoal Branch at United Bank of India.

(2.) The petitioner contends that he has been working in the post of Sweeper on daily basis with effect from March 28, 1990 against a regular vacancy. The petitioner apprehends that as the respondents are taking steps to invite applications for the post of a Sweeper, the petitioner may lose his job after having rendered such service in such post for about 11 months.

(3.) The bank contends that although it has no animesity against the petitioner personally, but as a public sector undertaking it has to follow certain formalities in the matter of recruitment of its employees. Mr. Subrata Roy, learned advocate appearing for the respondent bank has handed up to this court a circular of personnel department of the bank being Circular 3o. P(AS)/88/GM/125/88 dated November 21, 1988 regarding the policy for recruitment of posting of part time/full time Sweepers in the bank.