- (1.) This Appeal is directed against the Judgment and Order dated 3.8.2009 passed by the learned Trial Judge in W.P. No. 18243 (W) of 1998 (Mitra Kr. Mondal vs. The State Bank of India & Ors.) whereby and whereunder the said learned Judge answered his own queries in the following manner:- a) Whether the Writ Petitioner was in service when the Petition was moved ? Ans.) The question is answered in the affirmative. b) Whether any relief as prayed for by the Writ Petitioner can be granted ? Ans.) I am of the view that if a person has been working with the Bank for a number of years then he cannot be removed without a formal Order indicating some reasons.
(2.) In order to adjudicate, it would be necessary for us to briefly dwell on the facts which have led to the filing of this Appeal.
(3.) It appears that the Petitioner/Respondent herein apprehended discontinuance of his service from the Appellant Bank (hereinafter referred to for the sake of brevity as the Appellants). Apprehending such a threat, he filed W.P. No. 18243 (W) of 1998 (subject matter of this Appeal) wherein he prayed for the issuance of a writ of prohibition prohibiting the Respondents from discontinuing with his services and for the issuance of a writ of mandamus commanding upon the Appellants to confirm him as a permanent employee on the post of a Messenger on which post he had been continuously working for more than 3 (three) years. He also prayed for the issuance of a writ of mandamus commanding upon the Respondents to regularise his services with the Appellants as a Messenger by making him permanent on the said post.;