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2003 Supreme(SC) 1581

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Kurukshetra Central Cooperative Bank Limited – Appellant
Versus
Mehar Chand – Respondent


ORDER :

Shivaraj V. Patil, J. - Respondent 1 herein approached the High Court by filing a writ petition seeking regularisation of his services as a full-time employee of the appellant Bank. He has been working in the same Bank since 1977 on a part-time basis on consolidated pay of Rs 1100, subsequently which was increased to Rs 1600. This claim of the respondent was based on the letter of the Registrar, Cooperative Societies, Haryana, Chandigarh addressed to the Managing Director of all the Central Cooperative Banks in the State. In the said letter in Para 3 it is stated thus:

    "3. Some of the banks have, from time to time, sought permission for appointment of regular sweepers. It has therefore been decided that in Central Cooperative Banks, keeping in view the size of the building and quantum of work, appointment of part-time or full-time sweepers is necessary according to his own prudence."

2. The High Court taking note of the fact that the respondent has been working as a sweeper in the appellant Bank on part-time basis since 1977, held that "admittedly when the respondent is continuously serving the Bank from the date of his joining the post, which by itself proves that the post of

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