Mere empanelment does not confer a right to appointment, and temporary employees do not have a legal right to claim permanent appointment dehorse the recruitment rules.

Heard Counsel for the parties and perused the record.

2. By means of this Writ Petition, the petitioner has challenged the result communicated to him vide letter dated 18-12-1996 (Annexure-6) to the Writ Petition.

3. Brief facts of the case are that the petitioner was engaged as temporary Class IV employee in the State Bank of India Branch Phoolpur, District Allahabad and worked there since April, 1975 to February, 1976.

4. A compromise dated 17-11-1987 was entered into between the Union of the workmen and the Management. In pursuance of the settlement a circular dated 2-5-1988 was issued by the State Bank of India, Karmik Vibhag local Head Office at Lucknow to its all branches that those employees who had worked in the Bank for more than 240 days continuously in a calendar year or has worked for more than 90 days as temporary employees may be considered for permanent appointment.

5. Consequently an advertisement dated 28-8-1991 was published inviting applications for permanent appointment on the post of Class IV from amongst whose employees who were working as temporary employees in the bank and fulfilled the required qualifications therein. The petitioner was called in the interview held by the bank on 14-11-1991 for consideration. The petitioner accordingly appeared and gave interview for permanent appointment on Class IV post in the bank but was not selected.

6. The petitioner was informed by letter dated 18-12-1996 by respondent No. 1 that the name of the petitioner is not in the list of the successful candidates as such he cannot be given appointment.

7. The petitioner is aggrieved by non-issuance of the appointment letter or information about the appointment to him after the interview. It is claimed that on enquiry he came to know that S/sri Heera

Lal, Radhey Shyam Pandey, Shyam Narain Tiwari, Ganga Prasad, Shyamji and Satish who were working in the bank but were having less qualifications than the petitioner have been given permanent appointment by the bank.

8. The contention of the Counsel for the petitioner is that the petitioner fulfills the required qualifications and experience, as such he is entitled to be appointed on the post of Class IV employee. It is vehemently urged that since less qualified candidates than the petitioner have been selected and the petitioner has not been selected, hence the action of the bank is arbitrary and in violation of Articles 14 and 16 (4) of the Constitution.

9. It is submitted that since there are still some vacancies lying in the bank, the petitioner has legal and statutory right to be appointed on the said post under rules of circular dated 2- 5-1988, which has been issued pursuant to the compromise under Section 2 (p) of the Industrial Disputes Act, 1947.

10. It is in the above backdrop that the petitioner has prayed for stay of the effect of the interview held on 14-11-1991 and for a direction to the respondents to appoint the petitioner on the post of Class IV immediately.

11. It appears that later on an amendment has been incorporated by the petitioner pursuant to order dated 31-7-2001 whereby the petitioner has prayed for following additional reliefs-

(a) A writ, direction or order in the nature of writ of mandamus directing the respondents to correct the list drawn up in 1989 including the name of the petitioners.

(b) A writ, direction or order in the nature of writ of mandamus directing the respondents to put up both the selected candidates list drawn up in 1989 as well as drawn up in 1991.

(c) A writ, direction or order in the nature of writ of certiorari quashing the impugned letter dated 18- 12-1996 (Annexure-6 to the Writ Petition) and order dated 5-6-2000 (Annexure-1 to the supplementary affidavit) may be treated as Annexure-7 to the Writ Petition.

(d) A writ, direction or order in the nature of writ of certiorari quashing the impugned letter dated 18- 12-1996 (Annexure-6 to the Writ Petition ).

(e) A writ, direction or order in the nature of writ o