LAWS(CAL)-2012-12-39

STATE BANK OF INDIA Vs. MITRA KUMAR MONDAL

Decided On December 18, 2012
STATE BANK OF INDIA Appellant
V/S
Mitra Kumar Mondal Respondents

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Order dated 3.8.2009 passed by the learned Trial Judge in W.P. No. 18243 (W) of 1998 (Mitra Kr. Mondal vs. The State Bank of India & Ors.) whereby and whereunder the said learned Judge answered his own queries in the following manner:-

(2.) In order to adjudicate, it would be necessary for us to briefly dwell on the facts which have led to the filing of this Appeal.

(3.) It appears that the Petitioner/Respondent herein apprehended discontinuance of his service from the Appellant Bank (hereinafter referred to for the sake of brevity as the Appellants). Apprehending such a threat, he filed W.P. No. 18243 (W) of 1998 (subject matter of this Appeal) wherein he prayed for the issuance of a writ of prohibition prohibiting the Respondents from discontinuing with his services and for the issuance of a writ of mandamus commanding upon the Appellants to confirm him as a permanent employee on the post of a Messenger on which post he had been continuously working for more than 3 (three) years. He also prayed for the issuance of a writ of mandamus commanding upon the Respondents to regularise his services with the Appellants as a Messenger by making him permanent on the said post.