- (1.) This special appeal has been filed against the judgment of the learned Single Judge dated May 28,1991, dismissing the writ petition filed by the appellant.
(2.) The appellant applied for appointment to the post of Technical Officer (Agriculture) in State Bank of India. After interview, he was selected and appointed on fixed salary of Rs.850/- per month, on the above mentioned post, vide letter dated June 23, 1971 (Anx. 2). The period of appointment indicated in the letter, mentioned above, was three years. Thereafter, the respondent-Bank issued an advertisement, inviting applications for appointment on the post of Technical Officer, on permanent basis. The appellant also applied for the same. A written test was held, which was followed by an interview. The appellant was selected and a fresh letter of appointment was issued on December 19, 1974, by which he was appointed on probation for a period of two years, with the stipulation that he will be absorbed in the bank supervisory staff as Technical Officer (Agriculture) Grade II, in the pay-scale of Rs. 500-1330. The appellant made representation to the respondent-Bank on July 23, 1986, for counting his contract service towards his seniority and for salary fixation, which was rejected.
(3.) It is contended by Mr. S.K. Jain, learned counsel, that since the earlier service of the appellant was not terminated and, therefore, he was selected subsequently on regular basis, therefore, he is entitled to get his service counted for the purposes of seniority and fixation of salary. It is further contended that in the appointment letter dated December 19, 1974 (Anx. 3), it is not mentioned that the appellant Was appointed afresh or otherwise. He was continuous in service of the respondent- Bank. It is also contended that in Anx. 1 dated January 5, 1972, issued by the respondent-Bank, it is also mentioned that the respondent-Bank will have choice to absorb any selected candidate in the service of the Bank or any of its subsidiary Bank and his salary shall be fixed at the appropriate stage. It is pointed out that it proves that his service is continuous. It is further pointed out that the subsequent regular selection of the appellant does not render his previous service nullity for the purposes of continuity of service, as he was appointed after due selection, even though on consolidated salary of Rs.850/- per month.;