SRI SAUMEN BASU Vs. UNION OF INDIA

JUDGEMENT

(1.) The Writ Petition has been preferred by stating that after the petitioner being selected for the post of Assistant in the respondent bank in terms of his personal interview held on 28/4/2010, the petitioner had also applied before the District Primary School Council, Burdwan and accordingly since petitioner performed well as an Ex-serviceman candidate, the petitioner has been given an appointment letter by the said Council vide its Memo No. 2401/APPTT dtd. 23/4/2010 and the petitioner joined Kasemnagar F.P. School, Mongalkot, Burdwan on 25/6/2010 as an Assistant Teacher.

(2.) It is further stated by the petitioner that the letters of appointment in respect of the said post under the said advertisement No. CRPD/CR/2009-10/04 of the respondent bank had been issued to other selected Ex-servicemen, but the petitioner's appointment was kept in abeyance without assigning any reason whatsoever, though the petitioner fulfilled all the criteria and there is no impediment in the eye of law to appoint the petitioner after receiving such declaration. The petitioner was then constrained to submit a representation before the A.G.M. (Administration), respondent no. 4 on 6/1/2011.

(3.) The petitioner states that by an office memorandum of the respondent No.1 being OM No. 36034/6190-Estt.(SCT) dtd. 2/4/1992, he was informed that those Ex-servicemen candidates who have already secured employment, getting benefit as an Ex-serviceman, will not be eligible for the further benefit of reservation for Ex-servicemen in Central Government jobs. The petitioner has also submitted the documents relating to his present employment in a Primary School as an Assistant Teacher before the respondent no. 4 along with other papers submitted in terms of the offer letter dtd. 2/12/2010, considering the factual aspect and legal provisions that the Primary School Teacher in a Non-Government School does not come under the purview of an employment under the Central Government/State Government etc.