Monoj Kumar Mukherjee, J. - (1.) The only question that falls for determination in this writ petition is as to whether the Punjab National Bank which is a Nationalised Bank can, according to norms laid down in it, give employment to a person in the Sub-ordinate cadre whose name has not been sponsored by the Employment Exchange. The question arises in the context of the petitioners' claim that they are entitled to get permanent appointment to the post of peon in the Calcutta Zone of the Bank as they have worked for more than 3 years as personal drivers of high Officials of the Bank in Calcutta and have fulfilled other eligibility criteria sat down by the Bank. According to the petitioners to get such an appointment they are required to have their names registered with the Employment Exchange but it is not necessary that their names I have also to be sponsored by the Exchange. In support of their above contention they have not only relied upon certain circulars and correspondences relating to the above issue but also upon the fact that in other zones, persons similarly placed and circumstanced have got jobs as Peons.
(2.) Interestingly enough the above claim of the petitioners have been refuted not by the Management of the Bank, but by the Punjab National Bank Shramik Union which was allowed to contest this writ petition on a prayer made by it for being added as a party-respondent, According to the Union which campion's the cause of the Bank employees, the Bank has laid down specific norms relating to appointment of Sub-ordinate staff and one of these norms is that the candidates have to be sponsored by local Employment Exchange. The Union however concedes that She petitioners fulfil all other requirements for appointment as peons. In the context of the above facts, to answer the question raised it will be necessary to carefully look into the relevant circulars and correspondences for their import.
(3.) The first circular relating to recruitment of Sub-ordinate staff, which is relevant for our present purpose, was issued by the Management Development Department of the Head Office of the Bank, New Delhi on 20.4.1972 and the 5th specification thereof expressly provides, Inter alia, that as and when vacancy arises (in the sub-ordinate cadre) the nearest Employment Exchange should be notified of the vacancies and the candidates sponsored by them should be screened and thereafter interviewed to select the best ones for appointment to the posts. In this circular, Peons have been specifically included in the cadre of the Sub-ordinate staff and other specifications relating to Educational qualifications, age, character etc. have been spelt out. Thereafter by a circular dated 30.9.1978 the Government of India apprised, among others, the Chairman and Managing Director of all nationalised Banks that executive instructions issued by the Government required that all vacancies arising under the Central Government Offices,Establishments including Statutory organisations, irrespective of the nature and duration of the vacancy were not only to be notified but also to be filled from the Employment Exchange alone and other permissible sources could be tapped only if Employment Exchange issued a non-availability certificate, and requested the Banks to follow the above instructions while recruiting Sub-staff posts. Subsequent two circulars dated 9.2.1979 and 29.8.1979 sent by the Personnel Division of the Head Office of the Bank to all its Regional Managers reiterated the above requirement and asked them to strictly comply with the same. Another circular was issued on 23.10.1983 by the Head Office giving instructions to the Regional Offices as to the manner of fulfilling the above requirement.;