NAMI RAM Vs. UNITED COMMERCIAL BANK AND ORS.

JUDGEMENT

(1.) MATERIAL facts necessary for the adjudication of this petition are that Petitioner served the Indian Army for about 15 years. He was discharged in the year 1978. He was engaged as casual worker against the vacancy of Sweeper -cum -Peon in the Respondent -Bank at its Thanedhar Branch in Shimla on 7.3.1989. Petitioner's services were terminated in the year 1992. He challenged his termination by way of CWP No. 234/1992. The Court directed the Respondents vide order dated 30.11.1992 to re -engage the Petitioner on the same post. CWP No. 234/1992 was finally disposed of by this Court on 26.5.1993. As per the averments contained in the petition, Petitioner was empanelled as casual worker on 19.10.1989. Petitioner submitted application for regularization on 16.4.2004. He was regularized and made permanent Sweeper -cum -Peon with effect from 1.4.2005. He retired on 31.12.2005. Petitioner made several representations for the release of pensionary/retiral benefits.

(2.) MR . B.N. Misra has strenuously argued that Petitioner was to be regularized on the basis of circulars dated 19.10.1989 and 31.3.1990 instead of 23.4.2004. He then contended that circulars dated 19.10.1989 and 31.3.1990 were never circulated and the Petitioner had no knowledge of these circulars. He lastly contended that his retrial benefits were required to be calculated after his regularization on the basis of circulars dated 19.10.1989 and 31.3.1990.

(3.) I have heard the learned Counsel for the parties and have perused the record carefully.