TOP BAHADUR CHHETRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, security guards with the State Bank of India (hereinafter referred to as the Bank) are before this Court being aggrieved by the impending termination of their services. This Court while issuing notice of motion stayed their ouster. Consequently they continue in service as on date.

(2.) I have heard Mr. SR Sen, learned Counsel for the petitioner in WP(C) 73 (SH)/2003 and Mr. S. Chakraborty, learned Counsel for the petitioners in WP(C) 238 (SH)/2003. Mrs. T. Yangi, learned Counsel for the Bank is also heard.

(3.) The pleaded case of the petitioners needs to be noticed at the outset. The petitioner in WP(C) 73 (SH)/2003, Shri Top Bahadur Chetri was initially appointed as Trade G.D. (Sepoy) with the Assam Rifles in the year 1971. He rose in its ranks and became the Havildar in the year 1981. Having applied for voluntary retirement in the year 1993, he was discharged therefrom and thereafter registered himself with the Employment Exchange, Shillong. In the month of February, 1995, he having approached the Zonal Office of the Bank in connection with appointment as a Bank Guard, he was asked to produce his Employment Exchange Card and other testimonials, which he accordingly did. On 20/10/1995, according to him, an appointment letter was issued appointing him as 'Badli Guard' at the Jowai Branch of the Bank. He accordingly reported for his duties on 28.10.1995 and continued as such. According to him, he was extended the benefits of a regular employee of the Bank and was assured that his services would be soon regularized. He was also sent for training at Banks Training School, Shillong, in the year 1998. While the matter rested at that and the petitioner was in bonafide expectation that his services would be regularized, by the impugned letter dated 6/3/2003 issued by the Branch Manager of the Jowai Branch of the Bank he was informed that his services were sought to be terminated with effect from 6.4.2003 on the ground that he was over aged, under qualified and that he was not an Ex-serviceman.