Rajasthan High Court - Jodhpur
Kishore Kumar vs The Chairman,State Bank Of India ... on 5 January, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 59/2022
Kishore Kumar S/o Hardev Bholecha, Aged About 36 Years,
Ramdewra Road, Bagari Nagar, Bagari, Pali At Present Working
As Sweeper At State Bank Of India, Guda Kalla, Sojat District
Pali.
----Petitioner
Versus
1. The Chairman, State Bank Of India, Centre Officer,
Nariman Point, Mumbai.
2. The Chief General Manager, State Bank Of India, Local
Head Office, 11 Parliament Street, New Delhi.
3. The Regional Manager, State Bank Of India, Jodhpur.
4. Regional Business Office, V, Pali A, O, 6-Jodhpur Zone
Through Chief Manager.
5. Branch Manager, State Bank Of India, Guda Kalla, Sojat
District Pali.
----Respondents
Connected With
S.B. Civil Writ Petition No. 821/2018
Kishore Kumar S/o Hardev Bholecha, R/o Ramdewra Road,
Bagari Nagar, Bagari, Pali At Present Working As Sweeper At
State Bank Of India, Guda Kalla, Sojat District Pali.
----Petitioner
Versus
1. The Chairman, State Of Bank Of India, Centre Officer,
Nariman Point, Mumbai.
2. The Chief General Manager, State Bank Of India, Local
Head Office, 11 Parliament Street, New Delhi.
3. The Regional Manager, State Bank Of India, Jodhpur.
4. Regional Business Office, V, Pali A, O, 6-Jodhpur Zone
Through Chief Manager.
5. Branch Manager State Bank Of India, Guda Kalla, Sojat
District Pali.
----Respondents
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For Petitioner(s) : Dr. Sachin Acharya, Senior Advocate
(WMAP No.59/2022) assisted by Mr.
Chayan Bothra
Mr. Shreekant Verma (CWP
No.821/2018)
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Dr. Sachin Acharya, Sr. Advocate
(CWP No.821/2018)
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/01/2023
1. The present S.B. Writ Misc. Application No. 59/2022 & Civil
Writ Petition No. 821/2018 have been preferred claiming the
following reliefs:-
Writ Misc Application No. 59/2022:-
"It is therefore, most respectfully and humbly prayed
that the present application may kindly be allowed
and the order dated 26.10.2021 may be recalled to
the extent that the petitioner may be directed to
serve the copy of the representation to the
respondent bank and a further time of 60 days may
be granted to the latter to decide the same in
accordance with law."
Civil Writ Petition No. 821/2018:-
"It is, therefore, respectfully prayed that this writ
petition may kindly be allowed with costs and this
Honb'e Court may be pleased to issue appropriate
writ, order or direction: and
(i) impugned tender dated 30.08.2017 (Annex06)
may kindly be quashed and set aside.
(ii) the respondents may kindly be directed to allow
the petitioner to serve continuously at their
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respective place of posting on the post of
Sweeper/Helper; and
(iii) the respondent may kindly be directed to pay the
remuneration to the petitioners directly.
(iv) the respondent may kindly be directed not to
replace the petitioner by another set of contractual
employees.
(v) the respondents may kindly be directed to
continue the petitioner on the post of Sweeper till
availability of the regular selected employees."
2. S.B. Civil Writ Petition No.14898/2021 was decided by this
Court vide order dated 26.10.2021, with a direction to the
respondents to consider the representation of the petitioner in
light of the judgment passed by the Hon'ble Apex Court in the
case of State of Punjab & Ors. Vs. Jagjit Singh & Ors.
Reported in [(2017) 1 Supreme Court Cases 148].
3. An application has been moved by the Bank that such
representation has not been filed on time instead of contempt
notice was issued.
4. This Court, on examination finds that the controversy in
question ought to be considered by the State Bank of India and
unless such representation is made, no adjudication would be
possible by this Court.
5. The application preferred by the petitioner for
recalling/modification in Writ Misc Application No. 59/2022 as well
as the application (IA No.01/2019) in Civil Writ Petition No.
821/2018 are disposed of with a direction to the petitioner to file a
comprehensive representation before the respondents within a
period of seven days from today. The State Bank of India shall
consider all the reliefs claimed in the representation, even other
than mentioned in the writ and a reasoned order shall be passed
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by the respondents. In case an order is passed by the State Bank
of India, the same shall not gain currency for next fifteen days
from the date it is passed.
6. However, the petitioner shall be at liberty to approach this
Court again, if need arises.
7. Till the representation is decided, status quo regarding the
service of the petitioner, as on today, shall be maintained.
8. All pending applications also stands disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
106-107-nirmala/-
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