LAWS(PAT)-2003-2-19

PARASNATH SAHNI Vs. STATE BANK OF INDIA

Decided On February 25, 2003
Parasnath Sahni Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to regularise the service of the petitioner since 9.7.1973 with all consequential benefits. It is the stand of the petitioner that he was initially appointed on 9.7.1973 on daily wages to perform the duty in the State Bank of India at its branch at Buxar and although the respondents have framed a scheme for regularisation of such employee, service of the petitioner has not been regularised.

(2.) COUNTER affidavit has been filed on behalf of the respondents and in paragraph 4 thereof it has been stated as follows : "The deponent respectfully states and submits that the prayer of the petitioner for his permanent absorption on the alleged ground of his working in the Bank on daily wages, is incorrect as such not permissible under the scheme of the Bank. At the outset the deponent states that the petitioner did not work in the Bank at any time, he however worked in the canteen as a canteen boy which is run by the local Implementation Committee and not by the Bank at Main Road, Buxar branch of the Bank."

(3.) IN that view of the matter, the plea of the petitioner that he worked on daily wages as an employee of the Bank is not fit to be accepted. Once it is held so, the prayer made by the petitioner for regularising his service cannot be granted.