JOGINDER KUMAR GAUTAM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioners are presently working as cashiers with the State Bank of India, Sundernagar Branch, Sundernagar, District Mandi. In the present writ petition they have assailed the order dated November 18, 1992 (Annexure O) and prayed for the following reliefs:

(2.) IT is stated in the writ petition that the petitioners were appointed as cashiers on March 26, 1971 and September 14, 1971 respectively with the respondent-Bank at Sundernagar branch as per the Rules and after holding the requisite test. After their appointment, the petitioners continued working as cashiers to the satisfaction of their superiors. They appeared in the test conducted for the posts of clerks in the month of March 1972, but failed. They again appeared in the examination conducted in October 1972, but could not succeed. After their appearance in the examination and before the declaration of the results, the Branch Manager of the respondent-bank asked them to sign a proforma, copy whereof is on record as Annexure-A, which they refused to sign on the apprehension that their service conditions may not be changed and they may not be considered temporary. On this, respondent No. 2 got annoyed and started finding fault with their working on one pretext or the other. Ultimately, vide order dated February 26, 1973, the services of the petitioners were terminated w. e. f. February 26, 1973 on the ground that they could not qualify in the test for recruitment of permanent cashiers.

(3.) ACCORDING to the petitioners, since they were permanent their not passing the test and also not signing the pro-forma Annexure- A are of no consequence. They represented, but with no results and they were compelled to file CWP No. 185 of 1973 which was dismissed by judgment dated November 16, 1981 passed by the learned single Judge of this Court, inter alia, holding that the petitioners being workmen had an alternative efficacious remedy under the Act, hence their writ petition was not maintainable.