DEEPAK KUMAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The petitioner, by the medium of this petition challenges the selection and appointment of respondents No. 3 to 5 to the post of Part Time Sweeper in the Punjab National Bank in District Kangra, and Chamba, HP.

(2.) The case of the petitioner is that the respondent-Punjab National Bank, hereinafter referred to as 'the Respondent-Bank' advertised post of Part Time Sweeper-cum-Peon at PNB Branch at 'Sadwan Khas, Tehsil Nurpur District Kangra, HP. The petitioner alongwith other candidates applied for the said post and was selected to the post of Part Time Sweeper on 16.3.2017 and worked on the said post till 27.3.2019. The selection was stated to be made from the candidates residing within 5 kilometers from Branch of PNB at Sadwan in Tehsil Nurpur (Kangra) HP.

(3.) through proper channel advertised 12 posts of Part Time Sweepers on 13.7.2018 in different branches in District Kangra for which the petitioner also applied alongwith all documents, including the experience certificate of Branch Manager Sadwan Khas. The petitioner appeared for interview on 25.9.2018. On 18.12.2018 respondents declared the result for the post of Part Time Sweepers but to the utter surprise of petitioner, he was not selected despite the fact that he was working as Part Time Sweeper since 2017 with the respondent-Bank and was fully eligible. However, the petitioner was orally intimated not to report for duty w.e.f. 1.1.2019. It is further stated that the petitioner had filed CWP No. 3043/2019 which was withdrawn with liberty to challenge the new selection list filed with the reply by the PNB vide order dated 7.3.2019. Thereafter respondent No. 1 declared the result and offered the appointment to 10 numbers of Part Time Sweepers for District Kangra and 2 number of Part Time Sweepers for District Chamba. The petitioner further states that respondents No.3 and 4 are not eligible to hold the post of Part Time Sweeper on account of their marks obtained in matriculation and 10+2 examinations as per the advertisement as well as reply filed by respondent No. 1 in CWP No. 3043/2018. Hence, the present writ petition has been filed seeking a writ of certiorari quashing appointment of respondents No. 3 to 5, being illegal, arbitrary, discriminatory and unconstitutional.