ANGADPRASADSINGH Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) The petitioner in the present writ application prays for issuance of an appropriate writ, order or direction to the respondent Reserve Bank of India and its officers, to allow him to join on the post of Coin/Note Examiner as clerk Grade II in the Bank at Patna on the terms and conditions issued by ths Manager (respondent No 2) as contained in annexure and ignore the letter dated 17-5-1991 issued by the Personnel Officer of the Bank as also to quash the said letter (annexure 7) the same being discriminatory, arbitrary and mala fide.

(2.) The facts of the case lie in a very narrow compass. On 13-1-1970 the petitioner was appointed as Airman in the Indian Air Force and promoted to the rank of sergeant in the year 1983. After completion of 15 years of service on 31-1-1981 he retired from the said service, whereafter he was appointed in the temporary service in the Food Corporation of India, Regional office, Patna on 31-7-1985 in the regular scale of pay of Rs. 290-10-380- 12-440-15-485. On 28-5-1988 there was an advertisement for appointment in Reserve Bank of India (hereinafter referred to as the Bank) on the post of clerk grade It Coin/Note Examiner in the scale of Rs 650-1820, now revised to Rs. 1155-3245 The petitioner, who fulfilled the requisite qualification, applied for the post through the Manager in the Food Corporation of India, Regional Office, Patna Later, he appeared in the written test also and was declared successful in the written test as well as personality test both and accordingly, on 23-9-89 a memoradum was issued by the Bank intimating the petitioner that his name has been included in the list for appointment as clerk grade II, which was to be operative till 7-7-90 unless extended by the Bank. Photo copies of the said memorandum with its correction have been annexed as annexures 2 and 2/1. Thereafter a letter was issued by the Bank to submit all original certificates in the office and for attending Medical Board Accordingly, the original certificates of the petitioner were produced and checked and after keeping photo copies, the same were returned to the petitioner. The petitioner also attended the Medical Board. On 3.9.90 the petitioner was appointed on temporary basis vide memo contained in annexure 3. In terms of the said appointment he executed sureties bonds and filed the same in the Bank However, due to some personal difficulties he could not join the post on 26-3-90. which was the date fixed for his joining and thus, he filed a petition before the Manager on 19-3-90 itself i. e before the expiry of the date of joining, in which he prayed for extension of the date on joining The Bank vide letter dated 3rd April, 1990 as contained in annexure 5 intimated the petitioner that the said request of the petitioner may be considered at the appropriate time. Later, another memo dated 7th August, 1990 (annexure 6) was issued by the Bank intimating the petitioner that he should report for medical examination on 17-8-90 and that he should also submit no-objection certificate from the existing employer if he is in employment elsewhere. On 17th May, 91 the Bank, vide registered letter No. 6675 issued by its personnel officer, intimated the petitioner that as he was in the regular employment of the Government of the public sector undertaking on the civil side and for which he had availed the benefits extended to him as an Ex Service man his name had been deleted from the waiting list for the post of clerk/coin Note Examiner, grade II, prepared on 7th July, 1989. A photo copy of the said letter has been annexed as annexure 7 and the same has been impugned in the present writ application.

(3.) It is contended that one Sri Umesh Chandra Singh, who was also an Ex-Service man and was an appointee in the State Bank of India of Bikaner, Jaipur and Patna as an Ex-Service man after retirement from Military service, was given appointment in the Bank and his joining was accepted on 26-3-90.