IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13645 of 2006 PRAKASH YADAV Versus THE CHAIRMAN,BIHAR KHESTRIYA GRAMIN BANK & ANR ----------- 3 1.9.2008 Heard learned counsel for the parties. Petitioner is aggrieved by a communication contained in annexure-7 dated 31.8.2006. Based on this communication issued by the Chairman to all the Branches/offices, petitioner working as Sweeper in Bhagalpur Banka Kshetriya Gramin Bank, Panjwara since 1993 has been disengaged. He wants direction upon the respondents for his regularization. Respondents have taken a stand that there is no occasion for regularization of the petitioner because he was not on the rolls of the bank and in terms of the NIT Award only such employees who were in service of RRB on 22nd February, 1991 would be treated to be regular employee. Even if the stand of the petitioner is accepted he is supposed to have entered the Branch after this award. Not only this it is further pointed out that at no point of time the Branch Manager has an authority to engage anybody or to create a right in his favour. It is further urged that in a similar situation in a writ application filed by one Smt. Sukita Devi vide order dated 28.2.23005 she was granted only one indulgence that in case steps are taken by the respondents to fill up the post on regular basis then the petitioner could also respond to the said exercise and in case she is found eligible vis-à-vis other - 2 - she can be considered. It was also recorded that in case the petitioner crossed the age for such appointment then some relaxation in age can be considered. In view of the Constitution Bench decision rendered by the Hon’ble Supreme Court in the matter of regularization no direction or mandamus can be issued in favour of the petitioner. But since a Bench of this Court had taken a similar view in the case of Smt. Sukita Devi, let the petitioner also have privilege of offering himself for selection if the steps are taken for filling of the post by due process. This writ application stands disposed of with the above liberty. RPS (Ajay Kumar Tripathi, J.)