Pinaki Chandra Ghose, J. - (1.) The common question involved in this application for consideration before this Court is whether the petitioner will be regularised and/or to be absorbed in the post in question.
(2.) The writ petition being C.O. No. 8675 (W) of 1992 filed by the petitioner Prabir Kumar Banerjee is taken herewith along with other matters since the facts of the case are identical and the point involved in the matter is the same. The said writ petitioner was appointed as the Generator Operator in the subordinate cadre by the Manager, Jadavpur Branch of UCO Bank and the writ petitioner joined on January 11, 1982 on daily wage basis and according to the petitioner, he was working as such Generator Operator without any break, excepting Sundays and holidays. It is also the case of the petitioner that he was appointed against the permanent vacancies. It is also the case that one Haradhan Dey was appointed as a permanent Peon-cum-Generator Operator. After his transfer from the said Branch the petitioner was appointed in his place of said Haradhan Dey. According to the petitioner, the writ petitioner should have been absorbed permanently on the post of the said Peon-cum-Generator Operator. According to the petitioner, the petitioner has fulfilled all the criteria in respect of a circular issued by the Bank on October 19, 1989 and is bound to be absorbed by the Bank in the said post of Peon-cum-Generator Operator.
(3.) On March 7, 1993 the Deputy General Manager (Personnel) published a list of candidates and without any reason the name of the writ petitioner did not appear in the said list. As a matter of fact for the said reasons the petitioner was not absorbed in the said post permanently. It is also the case of the petitioner that the Bank also prepared a list of prima facie eligible candidates and the name of the petitioner duly appeared in the said list.;