JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in these appeals is to the judgment of a Division Bench of the Calcutta High Court dismissing the Letters Patent Appeal filed by the appellant Bank and its functionaries.

2. Background facts in a nutshell are as follows:

In the year 1986 a panel for appointment of Budlee Sepoys was prepared by the appellant-Bank for engagement on temporary basis (strictly on no work no pay) in the leave vacancies and to absorb them in the Bank as and when regular vacancies arise. The scheme for deployment/absorption was formulated on 24.2.1988 for Budlee sepoys who appear on center-wise approved panels and who had completed 240 Budlee working days of service as on 1.2.1988 in a block of 12 months or a calendar year. It was stipulated in the scheme that on absorption Budlee Sepoys would be continued on the approved panels and would be deployed on leave vacancy on need basis only and would be absorbed in permanent vacancies that may arise in future. 3. The aforesaid scheme clearly stated that absorption/regularization of Budlee Sepoys would be subject to two conditions:

(1) completion of 240 days in a block year of 12 months or a calendar year:

(2) availability of vacancies arising in future.

4. Respondents who are Budlee workers were engaged on a temporary basis. Letter of engagement to the respondents clearly spells out that their employment was that of seasonal requirement of the appellant-Bank and it was only for a specific period of time on the expiry of which their services will stand terminated. The relevant stipulations read as follows:"

2(i) to fill up immediately the existing clear, unfilled vacancies at Regions/Zones by absorbing Budlee Sepoys preferably from the centre-wise approved panels of Budlee Sepoys who have completed more than 240 working budlee days as on 1st February, 1988 in a block of 12 months or a calendar year. In regard to such unfilled vacancies if the required number of Budlee Sepoys, who have completed more than 240 budlee days as on 1st February, 1988 in a block of 12 months or a calendar year is not available on approved panel/s such vacancies should be filled in by a board Budlee Sepoys from the respective approved centre-wise panels, who have not completed 240 budlee working days in a block of 12 months of in a calendar year. This process of absorption has to be completed by you before 30th June, 1988 after obtaining Head Office approval well in time by sending your specific repeat specific approval giving the details of immediately unfilled centre-wise vacancies. xxxxxxxx

(iii)Those of the Budlee Sepoys on approved panel, who have not completed 240 days of budlee days service in a block of 12 months or a calendar year as on 1st February, 1988, are to be continued on the panel/s and to be engaged on need basis in leave vacancies only that may arise from time to time at branches where no Budlee Sepoys who have completed 240 days are available on panels. Their case for absorption in permanent services of Bank may be considered in permanent vacancies that may arise in subsequent years."

5. Writ petitions were filed by the respondents praying for issuance of writ in the nature of mandamus directing the Bank to regularize service of the respondents as subordinate staff in the Bank. It was stated that their names were sponsored by the employment exchange for interview for the recruitment of subordinate staffs. Panel was prepared including the names of writ petitioners and out of panel, 43 were appointed as staff in different branches of the Bank and 14 persons who had filed writ petition were left out. On different dates between 2nd March, 1986 to 30th June, 1986 writ petitioners were temporarily appointed as subordinate staff along with other candidates. On 5th December, 1991, the Bank asked the writ petitioners to exercise option for post of subordinate staff in non-CCA areas in West Bengal and the writ petitioners exercised their option to suc