Gauhati High Court
Vijaya Bank And Ors. vs Soumendra Majumdar on 17 May, 2007
Equivalent citations: 2007(3)GLT783
Author: I.A. Ansari
Bench: I.A. Ansari
JUDGMENT I.A. Ansari, J.
1. Heard Mr. R. Iralu, learned Counsel for the appellants. None has appeared on behalf of the respondents.
2. By order, dated 9.6.05, WP(C) No. 25(K)/02 was disposed of by a learned Single Judge of this Court with the following directions:
1. The petitioner shall be paid a sum of Rs. 10,000/- (Rupees ten thousand) as monetary compensation in the nature of palliative by the respondent i.e., Vijaya Bank, and
2. When any vacancy arises in the post of clerical cadre in the Vijaya Bank, Dimapur Branch, Nagaland or Vijaya Bank, Kohima Branch, Nagaland within a period of 1 11/2 years, petitioner shall be considered for appointment as he had already been found qualified and suitable by the Board, by relaxing his age.
3. The material facts and relevant circumstances, which led to the said directions have been stated in the impugned judgment and order, dated 9.6.05, and we reproduce the same herein below:
(2). A short fact of the petitioner's case is that after the nationalization of Banks, a service recruitment Board called, "Banking Services Recruitment Board" was constituted under the directions of the Government of India for the entire country to streamline the process of recruitment to the posts in the Public Sector Banks. To maintain the regional identity and specific features, the entire country was divided into different zones for the purpose of recruitment in the Public Sector Banks. Accordingly, a Board for 7 States known as "Banking Services Recruitment Board (NE)" was constituted and was responsible for recruitment to clerical cadre posts in the Public Sector Banks in the NE Region including the State of Nagaland. The entire 7 States of NE region was divided into 14 recruitment zones and Nagaland is one of such zones for the recruitment to the clerical cadre posts in the Public Sector Banks operating within the territorial jurisdiction of Nagaland.
(3) The Public Sector Banks submitted indent for two number of clerical cadre posts, for which the Board has to recommend the candidates to the Board. Basing on the indents submitted by the Public Sector Banks including the Vijaya Bank, the Board issued an advertisement in the local daily "Nagaland Post" dated 8.4.2000 for recruitment to the clerical cadre posts for the recruitment year 1999-2000. According to the said advertisement dated 8.4.2000, a copy of which is available as Annexure-A to the present writ petition, number of clerical posts in the Public Sector Banks for the State of Nagaland were 17 in number. Further the Board is the sole and final authority for allotment of the candidates who were finally selected to any of the Public Sector Banks operating in the 7 States in accordance with the procedures adopted by the Board. It is the case of the petitioner that Vijaya Bank had submitted an indent for recruitment of candidates for 2 (two) clerical posts in the Vijaya Bank to the Board for the recruitment year, 1999-2000 and accordingly, the Board issued tlie said advertisement dated 8.4.2000. In response to the said advertisement the petitioner had applied for the clerical cadre post and the petitioner also received call letter for the written test for which, Roll Number was 3501071482 was allotted to the petitioner. The written test was held on 9.9.2000 at Kohima. The petitioner was duly qualified in the written test, i.e. interview. The interview was held at the United Bank of India, Kohima Branch on 22.5.2001 at 9:00 a.m. The Board declared and published the list of successful candidates in the "Assam Tribune" dated 20.6.2001 for appointment in the Public Sector Banks and the petitioner's name was included in the said list of successful candidates. The Board allotted the petitioner for appointment in the clerical post of the Vijaya Bank. The Secretary of the Banking Service Recruitment Board (N.E. Group) under his letter being No. BSR-NE/REC/20A/ 97/2001 dated 30.6.2001 informed the petitioner that consequent to the written test held on 9.9.2000 and subsequent personal interview & skill test the petitioner had been provisionally selected for appointment in the Vijaya Bank as clerk subject to the fulfillment of eligibility criteria as laid down in the said notification of vacancies and other conditions prevailing in the concerned bank. A copy of the said letter of the Secretary, Vijaya Bank, dated 30.6.2001 is available as Annexure-E to the present writ petition. Having regard to the said letter dated 30.6.2001 and in anticipation of joining in the Vijaya Bank, the petitioner had resigned from his previous employment in "Glenmark Company" under his resignation letter which had been accepted under the letter of General Manager, Personal of the said Company i.e., "Glenmark Company" dated 1.8.2001 to the petitioner. As the Vijaya Bank did not issue appointment order, the petitioner filed a representation requesting the Chairman & Managing Director, Vijaya Bank, Head Office, 41/2, Triniti Circle, Bangalore 56001 (Karnataka) to issue appointment order. But after about a year, the General Manager (P & A), Vijaya Bank, under his letter dated 23.1.2002 has informed the petitioner that consequent upon the decision taken by the Bank not to have further recruitment of clerical cadre personnel, the dossiers received from BSRB-Guwahati, were returned. Under the above circumstances, Vijaya Bank was not in a position to consider representation of the petitioner for appointment in the services of the Bank. The petitioner, being aggrieved by the said letter of the General Manager (P & A) dated 23.1.2002 filed the present writ petition.
(4) The respondents also filed affidavit-in-op-position in the present writ petition. In their affidavit-in-opposition, it is stated that there was an inordinate delay between the indent submitted by the Vijaya Bank and actual allotment made by the Board, i.e. Banking Services Recruitment Board inasmuch as indent was placed by the Vijaya Bank, in the year, 1999 and advertisement for recruitment was made in April, 2000 and Banking Service Recruitment Board forwarded the allotment sometime in June, 2001. During that period the policy of the Banking Industry had gone drastic changes and all the Banking Service Recruitment Boards had been abolished.
(5) It is also the case of the petitioner, as made out from the affidavit in reply of the petitioner, that all the candidates allotted to the SBI by the Board i.e. Banking Service Recruitment Board were appointed in the SBI and also a candidate namely Shri Temjen Toshi who were from amongst the wait list i.e. unpublished list of panel was also appointed in the clerical cadre post as one selected candidate did not join. As such, it is the clear cut case of the petitioner that had the Vijaya Bank withdrawn the indent for the two posts of clerical cadre in the Vijaya Bank made to the Banking Service Recruitment Board, in time, the petitioner would have been appointed in the clerical cadre post either in the SBI or other Public Sector Banks inasmuch as even the said candidate, i.e., Shri Temjen Toshi who was in the panel had been appointed on 1.9.2001 before the issuance of the impugned letter dated 23.1.2002 by the respondent Bank. A copy of the letter of the Circle Development Officer, State Bank of India dated 14.9.2001 for informing the Dy. General Manager, SBI, Regional Office, Dimapur that dossier in respect of Shri Temjen Toshi obtained from BSRB against the replacement of Shri Arnon Ezung for recruitment in the Bank in clerical cadre, is available at Annexure-B to the Additional reply affidavit of the petitioner. The said letter dated 1.9.2001 reads as follows:
The Dy. General Manager, State Bank of India Regional Office, Dimapur.
Dear Sir, Recruitment of Clerical Staff for the year 1999-2000 Replacement against dropout Candidate. With reference to your letter No. DGMSL/PER/ 696 dated the 29th August, 2001 we forward herewith the dossier in respect of Shri Temjen Toshi (Roll No. 3501030252) obtained from BSRB against replacement of Shri Arnon Ezung for recruitment in the Bank in Clerical Cadre. Please arrange to complete the necessary pre-appointment formalities of the candidate at the earliest. On completion of all the formalities, please arrange to issue appointment letter advising his designated Branch. 2. In this connection, please advise us the date of joining and the designated Branch of the candidate in due course for our information and necessary action.
Yours faithfully, Sd/- Circle Development Officer.
4. Having set out the facts and the pleadings of the parties as indicated hereinabove, the learned Single Judge took the view that had the indent made to the BSRB by Vijaya Bank for making recruitment to two posts in the clerical cadre been withdrawn in time, the petitioner could have been appointed to the post to which one Shri Temjen Toshi was appointed. In this regard, it is necessary to point out that there was nothing in record or in the pleadings of the parties to indicate that had the indent been withdrawn by Vijaya Bank early, the writ petitioner/respondent herein would have been appointed as a clerk in the State Bank of India, Zunheboto, in place of Shri Temjen Toshi. This apart, what is of immense importance to note is that the mere fact that a person's name appears in a select list does not give him any legal right to claim appointment. Though it is true that having resorted to a selection process and having published a select list, an authority, which can be treated as a State or an instrumentalist of the State under Article 12 of the Constitution of India, cannot arbitrarily withdraw or abandon a select list, the fact remains that in the case at hand, there was not even a particle of materials available on record reflecting or indicating that Vijaya Bank had whimsically or arbitrarily withdrawn the indent made to the BSRB. Besides what have been pointed out about, what needs to be noted is that, in the present case, what had happened was that the petitioner had stood selected, but 'provisionally' for appointment to the post of clerk in Vijaya Bank. No offer of appointment was admittedly, made to the petitioner by Vijaya Bank nor was there anything, in writing, given to the petitioner that an offer of appointment would be issued to him. In such circumstances, when there was nothing to treat the act of withdrawing the indent by Vijaya Bank as arbitrary or whimsical and when no offer of appointment had been made to the petitioner or promised to be made, the mere fact that the petitioner had resigned from the post, which he was holding in Glenmark Pharmaceuticals Co. Ltd. could to have been made a ground for issuing a writ of mandamus of the nature as has been done in the present case. Because of what has been discussed and pointed out above, we are firmly of the view that in the facts and circumstances of the case, no mandamus for appointing of the petitioner could have been issued to the present appellants.
5. In the result and for the reasons discussed above, the impugned directions commanding the appellants herein to pay compensation to the writ petitioner/respondent herein a sum of Rs. 10,000/- and also to appoint the petitioner against vacant post in the clerical cadre in Vijaya Bank are hereby set aside. The appeal shall, accordingly, stand allowed. No order as to costs.
6. Because of the fact that the appeal stands allowed, no separate order need be passed on this Writ Appeal. This writ appeal shall accordingly stand allowed.
7. In view of the above, Civil Misc. Case No. 125(K)/05 filed by the appellants, praying for stay of the operation of Judgment and Order, dated 9.6.05, passed by the learned Single Judge in WP(C) No. 25(K)/02, shall stand disposed of.