ALLAHABAD BANK DRIVERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 8th July, 2004 passed by the learned Single Judge in W. P. No. 17180 (W) of 2004.

(2.) THE subject matter of challenge in the writ petition was an advertisement in the newspaper on 24. 08. 1998 inviting applications for appointment of drivers in the Bank ignoring the Government order dated 22nd June, 1992 fixing the guidelines regarding absorption of personal drivers of the bank's executives in the bank's service.

(3.) MR. Kalyan Bandopadhyay, learned Advocate appearing for the writ petitioners / appellants submits that the members of Association are all drivers of the bank's executives in different places. The duties of these drivers are regular and the job so performed as drivers is permanent and perennial in nature. Considering these aspects, Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division) issued a circular dated 22nd June, 1992, in which it was made clear that the bank might consider absorption of personal drivers subject to the condition that such candidate must be eligible having completed minimum 5 years uninterrupted service in that capacity and should be otherwise eligible for appointment in the sub-staff cadre in terms of the qualifications. It is the contention of the learned Advocate of the writ petitioners /appellants that by such circular a right was accrued in favour of the writ petitioners / appellants and some drivers, who were found eligible, were also given appointments in the bank as employees.