Varadarajan, J.

This writ petition has been filed by the petitioner S. Palani under Art. 226 of the Constitution of India for the issue of a writ in the nature of a mandamus directing the first respondent-Indian Bank to consider the petitioner's application for the appointment as a permanent peon in the Indian Bank with effect from the date when J. Satyamoorthi and Chandran, respondents 2 and 3 respectively, were so appointed in preference to the petitioner.

2. The petitioner was employed as a peon in the sub-staff category of the first respondent-Bank, hereinafter referred to as the bank

", in the branches at Vaniyambadi and Ambur in North Arcot District between 2-12-1974 and 2-3-1976 in leave vacancies. The temporary appointment of the petitioner as peon was approved by the District Manager of the Bank at Vellore. During the said period 2-12-1974 and 2-3-1976 the petitioner had worked for 133 days intermittently and was later ousted from service consequent upon the permanent incumbent coming back to work, though the petitioner was fully qualified for being appointed as a permanent peon in the Bank, he having studied upto the S.S.L.C. class. The Bank is one of the banks