Document Fragment View

Matching Fragments

3. The brief facts of the case which are necessary for the adjudication of the present petitions are that the petitioner belongs to Scheduled Caste Category and as per his averments, he was employed by Oriental Bank of Commerce in 2012 on part time basis. The age of the petitioner at the time of joining with the respondent-bank was 28 years. The aforesaid bank came to be merged with Punjab National Bank w.e.f. 01.04.2020. The amalgamated bank took over all the assets and liability of amalgamating bank i.e. Oriental Bank of Commerce. Punjab National Bank 2 of 14 Neutral Citation No:=2023:PHHC:152546 2023:PHHC:152546 CWP-18839-2023 & Connected Cases -3- issued advertisement dated 07.04.2021 inviting applications for regular part time Sweepers. In the advertisement, the maximum age prescribed for General Category Candidates was 24 years, for OBC Category 27 years and for SC Category 29 years. The petitioner was more than 29 years of age at the time of advertisement. The petitioner was not eligible to participate in the selection process still he submitted an application. The petitioner was not considered being overage. The respondent-bank has completed selection process and selected candidates are working with the respondent-bank. 


                                    3 of 14

                                                           Neutral Citation No:=2023:PHHC:152546



                                                               2023:PHHC:152546

CWP-18839-2023 & Connected Cases                                            -4-

7. The conceded position emerging from the record is that the petitioner worked with Oriental Bank of Commerce which has merged with Punjab National Bank. The respondent-Bank vide advertisement dated 07.04.2021 invited applications for regular part time sweepers. The maximum age prescribed for SC Category candidates was 29 years and petitioner was ineligible to participate being overage. The respondent has completed selection process and selected candidates have joined the service.

16. In the case in hand, the petitioner is claiming that he was working with Oriental Bank of Commerce on part time basis. The respondent advertised regular posts. The respondent did not attempt to replace one set of contractual/part time employees with another set of part time/contractual employees. The respondent invited applications for regular appointment. The petitioner was free to participate in the selection process subject to terms and conditions of the advertisement. The respondent has completed selection process and selected candidates have already joined.

17. In view of aforesaid judgments of Hon'ble Supreme Court, the petitioner has no vested or fundamental right to continue or claim regularization or claim age relaxation. This Court at the best could consider claim of the petitioner had appointments not been made. Undisputedly, the 13 of 14 Neutral Citation No:=2023:PHHC:152546 2023:PHHC:152546 CWP-18839-2023 & Connected Cases -14- respondents have already completed selection process and petitioner has no fundamental or vested right to claim age relaxation. The Courts have directed State and its instrumentalities to grant age relaxation prior to completion of selection process and in the light of involved fact and circumstances. There is neither any straitjacket formula nor petitioner carry fundamental or vested right of age relaxation.