Vijay Kumar vs The State of Bihar and Others

Chakradhari Sharan Singh, J.—Heard learned counsel for the petitioner and learned counsel appearing on behalf of Madhya Bihar Gramin Bank, Patna. The petitioner has grievance against the process of regular appointment of Office Attendant/Messenger (Class-IV posts) in the Respondent-Bank, which is being done on the basis of names sought from the Employment Exchange.

The case of the petitioner is that he was engaged as a Sweeper under P.T.S. (Part-Time Scheme) in Madhya Bihar Gramin Bank in the year 2001 and continuously served the Bank up to the end of 2011. In support of the fact that he worked as Sweeper, the petitioner has also brought on record certain documents. This is not in dispute that the said P.T.S. finally came to an end in the year 2011 and all 198 services of persons working under the Scheme, 198 in number, were discontinued. The grievance of the petitioner is, that after scheme came to be discontinued the Bank is making payment (sic--appointment?) to the post of Sweeper/Office Attendant on the basis of recommendation made by the concerned Employment Exchange and without any publication of advertisement. He submits that such procedure is in violation of Articles 14 and 16 of the Constitution of India.

From the pleadings in the writ application, it is evident that the petitioner was engaged under part time scheme in the year 2001 and no process of selection was adopted.

I do not find the decision of the Respondent-Bank to appoint the persons against the post of Class-IV workers i.e. Sweeper/Office Attendant on the basis of names sent by the Employment Exchange as the process of issuing advertisement, calling for applications and, thereafter, making selection may consume not only a lot of time, which may not be in the interest of Bank. Such process can''t be said to be unfair and arbitrary. It has been pleaded in the writ application that petitioner is also registered with the Employment Exchange. Needless to say that his case may also be considered for such appointment in accordance with law. I do not find any merit in this application. It is accordingly dismissed.