Sk Jahangir v. Union Of India And ORS.

21.09.2022 (PP) Ct 21

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 20636 of 2022 Sk. Jahangir Vs.

Union of India & Ors.

Mr. Swapan Banerjee, Ms. Ankita Dey .... For the petitioner.

Ms. Parna Roy Choudhury ... For the respondent/bank.

The writ petitioner claims to have been performing his duties as a Part-time Sweeper/casual worker since 2011.

The erstwhile United Bank of India has now merged with the Punjab National Bank (in short "PNB"). Mr. Banerjee, learned counsel, appearing on behalf of the writ petitioner submits that a representation was made on January 6, 2014 for his absorption by the bank. Suddenly, the Manager of PNB, Memari Branch/respondent no.4 stopped the work of the petitioner as a casual worker and engaged a separate person for performance of his work.

Ms. Roy Choudhury, learned counsel appearing on behalf of the respondent/PNB submits that the petitioner is a daily wage earner and there is no vacancy for casual workers available with the bank for absorption of the writ petitioner.

Having considered the rival submissions of the parties and the materials placed on record, this Court directs the respondent no.3/Area Manager, PNB to consider the representation of the writ petitioner made in form of an application for the post of Part-time Sweeper

which was received by the bank on February 7, 2014 and pass a reasoned order upon giving a personal hearing to the writ petitioner/his delegated representative. Let such hearing be given within 8 weeks from date of passing of the same. A copy of the writ application also be considered as the representation in the instant case. Since no affidavits have been invited in the writ petition, let the allegations contained therein be deemed not to have been admitted by the parties.

With the direction aforesaid, the writ petition, being WPA 20636 of 2022, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)