HANS RAJ Vs. PUNJAB AND SIND BANK PATIALA

JUDGEMENT

(1.) THE appellant was working as a Armed Guard with respondent-Bank and is aggrieved against the action of the Bank in discontinuing his service. He had filed a suit for seeking declaration that he should be treated in continued service by declaring the order relieving him to be illegal, null and void.

(2.) AS per the averments made in the suit, the appellant was appointed as a Armed Guard with the Bank on 26.11.1992. He was subsequently transferred to extension counter Gurdwara Khel Sahib, Phatak No.22, Patiala, where he served till 15.7.1978. The appellant was terminated suddenly without notice on 15.7.1978. It is alleged that defendant-Bank had initiated a process of recruiting persons in the Bank and the applicants were called for interview through the Employment Exchange. The appellant also appeared for the interview as he was having requisite qualification. The counsel alleges that selection is made arbitrarily, ignoring the merit by adopting the policy of pick and choose. The appellant accordingly challenged his termination and even pleaded that he deserves to be regularised as he had served with the Bank continuously since 1992.

(3.) LEARNED counsel for the appellant would submit that the the appellant had established his age to be less than 45 years of age on the basis of evidence. He would also submit that the appellant had made a prayer for regularisation and in that event, his age would have to be seen from the date he started working with the Bank and not when he was considered for the purpose of regularisation. In support, the counsel has relied upon the case of Baldu Ram and others Vs. State of Haryana and others, 2000 (2) RSJ 160. :