Narendra Horo v. The Assistant General Manager (Hr) And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/942/2023 R Malaikumar Vs.

The Assistant General Manager(HR) and Others With WPA/926/2023 Narendra Horo Vs.

The Assistant General Manager(HR) and Others Mr. K Sabir .... for the petitioner Mr. V D Sivabalan ... for the respondents April 09, 2024 [SR] Item Nos. 38&39 Two writ petitions are taken up for analogous hearing as they involve similar issues.

Essentially, both the writ petitioners participated in a selection process for appointment as Bank Guard as Ex-serviceman. Both the petitioners were unsuccessful in the selection thereto. Learned advocate appearing for the petitioners submits that, the Bank Authorities laid down the essential qualification required in the selection process.

He submits that, the Bank Authorities required that, a rank of Hawilder or below in Army or equivalent in Navy /Air Force. Honorary Nabid Subedars or equivalent will not be eligible. He submits that, the respondent nos.4 and 15 in WPA No.942 of 2023 were not holding the post required under the subject

selection process and therefore were disqualified to participate therein. However, the respondent nos.5 and 14 were granted the appointments.

Learned advocate appearing for the writ petitioners submits that, in the affidavit, the bank sought to justify their stand by relying of an electronic email issued by a Rajya Sanik Board of West Bengal. He submits that, no reliance should be placed on such email as there is no foundational basis for the same.

He refers to a writing dated February 21, 2020 to the Ministry of Defence, Department of Ex-Serviceman Weflare to contend that the Hawildar cannot be treated as Naib Subedar. Bank is represented.

As noted above, both the petitioners participated in the selection process for the appointment of Bank Guard. Both the writ petitioners are ex-seviceman.

The relevant clause of the selection process is as follows:- "d) Rank: Hawilder or below in Army or equivalent in Navy /Air Force. Honorary Naib Subedars or equivalent will not be eligible."

Bank took the view of the Rajya Sanik Board, Government of West Bengal who responded by email dated September 14, 2023 to state that as per the existing rule, Hawildar, MACP Naib Sub Rank is considered to be a Hawildar as he retired in the rank of Hwvildar only.

Bank proceeded on the basis of such explanation. Bank understood its condition of the selection process in such context.

There is no allegation in the writ petition that, such understanding of the bank was not uniformly applied across all the participants in the selection process.

As the employer, bank is entitled to understand its own conditions of the selection process. A writ Court need not covert itself as an appeal limit, reappraise the evidence and substitute its interpretation with that of the employer particularly when the view taken by the employer is plausible and uniformly supplied. There is no allegation of discrimination amongst the participants on such clause, as noted above.

In such circumstances, I am of the view that none of the petitioners before me were discriminated against in the selection process.

In such circumstances, I find not merit in both the writ petitions.

WPA/942/2023 and WPA/926 of 2023 are dismissed accordingly without any order as to costs.

( Debangsu Basak, J. )