JUDGMENT

1. The petitioner in the instant pe tition filed under Article 226 of the Constitution has sought the following reliefs:

(i) Issue a writ of certiorari, and quash condition No. 09 of the order of appointment dated 05.03.2021 issued by the respondent bank in favour of the petitioner.

(ii) Issue a writ of mandamus, directing the respondents to return and pay an amount of Rs. 2,00,000/- (Rupees Two Lakhs) encashed by the respondent bank through the encashment of the indemnity bond executed by the petitioner alongwith interest @ 12 % per annum.

(iii) Pass any such order as this Court deems proper in the circumstances of the case against the respondents and in favour of the petitioner.

2. The background facts under the shade and cover of which the aforesaid reliefs have been prayed for and as are stated in the petition are that the Jammu and Kashmir Grameen Bank (hereinafter to be called as the respondent bank) came in existence on 30.06.2009 after amalgamation of two Regional Rural Banks being the Jammu Rural Bank and Kamraz Rural Bank, which banks were sponsored by the Jammu and Kashmir Bank Limited. The respondent bank is stated to be having a share holding of 50% by the Government of India, 35% from the Sponsor Bank (J&K Bank) and 15% from the Government of the Union Territory of Jammu and Kashmir. The respondent bank is stated to have been established to strengthen availability of basic banking facilities in the remote rural area and covers 13 districts across two Union Territories of Jammu and Kashmir and Ladakh and is, as such, stated to be performing and discharging the activities qua finances, thus being a “State under Article 12 of the Constitution of India” amenable to the writ jurisdiction of this Court.

3. It is being further stated that in the year 2020, the respondent Bank invited applications, for filling up various posts including the post of General Banking Officer, Scale-II through Institute of Banking and Personnnel Selection (IBPS), from the eligible persons and the petitioner herein being eligible in respect of the criteria fixed by the respondent bank for the post in question also applied thereto seeking his selection and appointment thereof, whereafter facing the selection process, the petitioner came to be selected and appointed as General Banking Officer, Scale-II in terms of order No.

JKGB/HO/HRDD/RECT/2020-21-3948 dated 05.03.2021.

4. It is being further stated that in the appointment order dated 05.03.2021, various terms and conditions were incorporated by the respondent bank, which were required to be fulfilled in order to join the services as General Banking Officer, Scale-II and amongst the said terms and conditions, the petitioner was required to join his duties at Branch Office, Duroo, District Baramulla, which joining report was required to be attached with, educational certificates, a cash certificate of Rs. 5000/- as security deposit, an agreement, a surety bond, declaration of marital status, declaration of domicile, copy of character certificate, physical fitness certificate and statement of property owned etc etc. In addition thereto, the appointment order dated 05.03.2021 is also stated to have contained a condition requiring the petitioner to execute an indemnity bond of Rs. 2,00,000/- co-related to condition 9 of the appointment order, providing that in the event of premature resignation from the post before completion of two years of service, the said indemnity bond of Rs.

2.00 lacs shall be encashed by the respondent bank.

5. It is being next stated that in view of the fact that the petitioner secured the appointment in question on account of a huge overweight of unemployed educated youths, having no choice, accepted the terms and conditions stipulated in the appointment order dated 05.03.2021.

6. It is being also stated that the service conditions of the officers and employees of the respondent bank are governed under the J&K Grameen Bank (Officers and Employees) Service Regulations, 2010