B.Sathish, v. The Management,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.15085 of 2018 and W.M.P.No.17848 of 2018 B.Sathish ... Petitioner Vs.
1.The Management, Corporation Bank, Represented by General Manager (staff) Corporate Officer, Mangala Devi Temple Road, Pandeshwar, Mangalore, Karnataka - 575 001.
2.The General Manager & Circle Head, Chennai Circle, Corporation Bank, 38 & 39, Whites Road, Chennai - 600 014.
3.The Deputy General Manager, Zonal Office, Corporation Bank, 38 & 39, Whites Road, Chennai - 600 014.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent relating to the order in ZO:CHN:PAD:003-2017-2018 dated 06.04.2017 to quash the same and to issue consequential directions to the respondents to regularize the services of the petitioner as Temporary Messenger from 3.11.2008 to 31.1.2014 and absorb him in permanent establishment of the respondent Bank with consequential benefits.
For Petitioner : Mr.J.Muthukumaran For R2 & R3 : Mr.K.S.Viswanathan
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2. The petitioner herein claims that he was temporarily engaged as sub-staff, pursuant to an interview held on 21.05.2008.
Accordingly, he was appointed as Temporary Messenger at Madipakkam Branch of the respondent Bank on 03.11.2008.
3. It is the case of the petitioner that though similarly placed persons, namely Raghunathan, Thangaraman and Udayakumar have been absorbed as Permanent Messengers, his candidature was not considered.
4. In the impugned order dated 06.04.2017, the respondents have stated that the petitioner's case cannot be compared with the other persons, since they have passed the interview for filling up the permanent sub-staff vacancies, wherein the petitioner had also participated, but was not successful. However, it is stated in the same impugned order that the petitioner's name still finds place in the list of empanelment of the temporary employees at Kancheepuram District and that he would be considered for appointment, as and when the vacancy arises.
5. The counter affidavit filed by the respondents also reiterates that the petitioner's candidature would be considered for appointment on permanent basis, as and when vacancy arises.
6. The learned counsel for the petitioner attempted to draw attention of this Court from the information obtained by him under the Right to Information Act, 2005, whereby, three other persons, namely Raghunathan, Thangaraman and Udayakumar who were appointed after the petitioner's original appointment dated 3.11.2008, have been absorbed on permanent basis, whereas the petitioner's case has been discriminated.
7. The learned counsel for the respondents placed reliance on the justification given in the impugned order, as well as the counter affidavit and submitted that these persons were appointed based on the interview held for the permanent substaff in which the petitioner had also participated but had not qualified.
8. I do not intend to go in to the veracity or legality of the petitioner's non-appointment for the reason that the
respondents have now come out with a specific case that they intend to consider the petitioner's case for permanent appointment, as and when the vacancy arises and also for the reason that if at all the petitioner is of the view that he is entitled for appointment on par with the other three persons, it would be open to him to workout his remedy at the appropriate point of time.
9. In view of the stand taken by the respondents that they intend to consider the petitioner's candidature, since his name still finds place in the list of empanelment, there will be a direction to the respondents herein to consider the petitioner's case for permanent appointment to the post of sub-staff as and when the next vacancy arises in any of the branches at Kancheepuram District.
10. With the above direction, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar arb To 1.The General Manager, Corporation Bank, Corporate Officer, Mangala Devi Temple Road, Pandeshwar, Mangalore, Karnataka - 575 001.
2.The General Manager & Circle Head, Chennai Circle, Corporation Bank, 38 & 39 Whites Road, Chennai - 600 014.
3.The Deputy General Manager, Zonal Office, Corporation Bank, 38 & 39 Whites Road, Chennai - 600 014.
+1cc to Mr.K.S.Viswanathan, Advocate, S.R.No.37055 +1cc to Mr.U.Muthukumar, Advocate, S.R.No.36201 W.P.No.15085 of 2018 RSV(CO) CB(18/08/2021)