JUDGMENT :

Madan B. Lokur, J.

1. This appeal is directed against the judgment and order dated 24th July, 2006 passed by the Division Bench of the High Court at Calcutta in FMA No.388 of 2001.

2. The issue for consideration is whether the termination of the services of the appellant Gambhir was in any manner vitiated. In our opinion, the question requires to be answered in the negative and we uphold the judgment and order of the Division Bench confirming the dismissal of the writ petition filed by Gambhir.

3. Gambhir was working as an Assistant General Manager in the Hindustan Commercial Bank Limited. This bank was amalgamated with the Punjab National Bank on 19th December, 1986. On amalgamation, the services of 28 or 29 officials of the Hindustan Commercial Bank including Gambhir were not taken over by the Punjab National Bank (for short the ‘PNB’). It may be stated that two other banks were similarly amalgamated with the Canara Bank and the State Bank of India, but we are not concerned with them.

4. Several officers whose services were not taken over by the PNB and other banks filed a writ petition in this Court under Article 32 of the Constitution challenging the failure of the tr