The main legal point established in the judgment is the obligation of the Respondent Bank to fulfill its commitments under the Memorandum of Settlement and to ensure a fair and inclusive recruitment process for long-serving employees.

ORDER :

Ravindra V. Ghuge, J.

1. This matter was heard extensively on 09.01.2024 and 10.01.2024.

2. On 10.01.2024, we passed the following order:-

“1. This matter was heard extensively yesterday, and was granted an overnight pass over. Today, the learned Advocate representing Respondent Nos.2 to 4/Central Bank of India, submits that the time for filing the applications is extended upto 16/01/2024.

2. There are several issues that have cropped up in this proceeding, primarily, the language in which the Advertisement is available on the website, which is in purely English and the posts to be filled in are of 'Safai Karmachari Cum Sub-Staff'.

3. The learned Advocate for the Respondents/Bank desires to take further instructions.

4. Stand over to Tomorrow i.e. on 11/01/2024 in the same category.

5. In the meanwhile, the Petitioners are at liberty to proceed to tender their application forms.”

3. Extensive arguments were advanced by the litigating parties on 11.01.2024 and today.

4. The Petitioners have put forth prayer clauses B, C and D as under:-

“(B) By issuing a writ of mandamus or any other appropriate writ, order or direction in the like nature, quash and set aside the impugned recruitment notification issued by the respondent Bank for the post of Safai Karmachari-cum-Sub-Staff and/or Sub-Staff.

(C) By issuing a writ of mandamus or any other appropriate writ, order or direction in the like nature, the respondents be directed to immediately initiate the selection process for filling the post of impugned recruitment notification issued by the respondent Bank for the posts of Safai Karmachari-cum-Sub-Staff and/or Sub-Staff as per the Memorandum of Settlement in respect of the present petitioners those who have worked as temporary and casual workers as per the Memorandum of Settlement.

(D) During the pendency and final decision of this Writ Petition, the further process of pursuant to the impugned recruitment notification issued by the respondent Bank for the post of Safai Karmachari-cum-Sub-Staff and/or Sub-Staff may kindly be stayed.”

BACKGROUND OF THE MATTER

5. The Petitioners before us are around 18 persons, who have been working as Safai Karmacharis/ Kamgars (casual workers) from prior to 2012. Some of them are working since 2015. Identically placed employees, as like the Petitioners, were working as Peons and Sweepers from January, 2011. On 09.08.2012, Respondent Nos.2 to 4/ Central Bank of India (hereinafter referred to as “the Respondent Bank”), entered into the Memorandum of Settlement with the All India Central Bank of India Employees Federation, admittedly a recognized Union (hereinafter “the Recognized Union”), by which, it was agreed that temporaries/ casual workers engaged in various branches of the Respondent Bank all over India would be allowed to participate in the recruitment process to be initiated in the immediate future, but not in the subsequent process for selection to the posts of Safai Karmachari-cum-Sub Staff and Sub Staff on full time basis along with fresh candidates.

6. Thereafter, the selection process was commenced by the advertisement dated 12.01.2013. However, on 04.07.2014, the Corporate Office of the Respondent Bank stayed the process of selection initiated and subsequently, cancelled the selection process. Employees of the Regional Offices from Barpeta Road, Arunachal Pradesh and Assam challenged the cancellation of selection process 2012-2013 in the High Court of Gauhati. By the judgment dated 14.03.2016, the petition was allowed and the Respondent Bank was directed to notify the results. The Respondent Bank preferred a Petition before the Division Bench, which was dismissed. It then approached the Honourable Supreme Court and by order dated 27.10.2017, the Special Leave Petition was dismissed and the order of the learned Single Judge of the Gauhati High Court was confirmed. In January, 2018, the results were notified in the Upper Assam Region in the regional office as well as in the Gauhati office and succes