PAPLU NATH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Nath, learned Sr. counsel assisted by Mr. A. Bhattacharjee, learned counsel for the writ petitioner. Also heard Mr. M.K. Choudhury, learned Sr. counsel assisted by Mr. M. Sarma, learned counsel appearing on behalf of the respondents.

(2.) This is the second occasion when this Court has been called upon to adjudicate the same issues involved in this writ petition. The writ petitioner herein, who was temporarily engaged as General Attendant (Sweeper) under the respondent Bank on 15/6/2004, having rendered more than 21 years of continuous service is before this Court, seeking a direction for payment of arrear salary and also an order for regularizing his services. This writ petition was earlier allowed by this Court by judgment and order dtd. 16/6/2023. The respondents as appellants had, however, preferred W.A. No. 369/2023 assailing the judgment and order dtd. 16/6/2023, inter alia, on the grounds that the prayer of the writ petitioner had been allowed by drawing parity with another employee, viz. Sibendu Kumar Nath, whose service was regularized by the Bank although there was no pleading in the writ petition to that effect. By taking note of such submissions made by the learned counsel for the Bank, the Hon'ble Division Bench of this Court had passed order dt. 3/10/2023 disposing of W.A. No. 369/2023 by setting aside the judgment and order dt. 16/6/2023 and remanding the matter to be decided afresh by the Single Bench after granting liberty to the parties to file additional pleadings.

(3.) Considering the facts and circumstances of this case, the observations made in the judgment and order dtd. 16/6/2023 and also having regard to the order that is proposed to be passed in the present proceeding, this Court is of the opinion that although the earlier judgment of this Court, disposing of the present writ petition, has been set-aside by the Division Bench, yet, it would be necessary to reproduce the judgment and order dtd. 16/6/2023 here-in-below for ready reference: