By way of this petition under Article 226 of the Constitution of India, the petitioner, who was working as a peon and daily wager, according to the averments made in the petition, with the respondent-Bank at list till 13.09.2009, has filed this petition for the following reliefs:
"a. Your Lordships may be pleased to hold and declare that the order dated 28.09.2011 passed by the Respondent No.3 is illegal, arbitrary, unconstitutional and against the policy in existence for regularization of services of temporary/daily wagers;
b.
Your Lordships may be pleased to hold and declare that the oral termination of the Petitioner by the Respondent No.2 Bank on 13.09.2009 is illegal, arbitrary, unconstitutional and violative of Articles 14, 16 and 21 of the Constitution of India and therefore, the same may kindly be quashed and set aside.
c.
Your Lordships may be pleased to hold and declare that as the Petitioner was working with the Respondent Authorities since 1995, he is entitled to the benefit of the recommendation made by the Chairman, National Commission for Schedule Caste, New Delhi to the Respondent Authorities which is at ANNEXURE-C and entitled to be absorbed in the post of peon and thus termination of the Petitioner from work is illegal, arbitrary and unconstitutional and therefore, the same may kindly be quashed and set aside.
d.
Your Lordships may be pleased to direct the respondent authorities to employ the Petitioner on his original post during pending the admission, hearing and final disposal of this Special Civil Application;
e.
Your Lordships may be pleased to pass such other and further order/s as deemed fit, just and proper in the interest of justice."
Earlier this Court (Coram: H.K.Rathod, J) while disposing of Special Civil Application No.8084 of 2011 passed the following order dated 14.07.2011 :
"
Heard learned advocate Mr. Suneeta R. Shukla, appearing on behalf of petitioner.
The service of petitioner as a peon terminated by respondent-Bank orally, though petitioner is belongs to Schedule Caste. For that a detailed representation has been made by petitioner dated 7th September, 2009, which remained unanswered from respondents. Therefore, it is directed to respondent-Bank to consider aforesaid representation made by petitioner and examine the grievance of petitioner and also to consider the length of service, which has been rendered by petitioner as a daily wager peon and also keeping in mind that petitioner is belongs to schedule caste. Let these all aspects may be examined with sympathetic approach and then to pass appropriate reasoned order within a period of one month from the date of receiving copy of present order and communicate decision immediately to petitioner.
In view of above observations and directions, present petition is disposed of by this Court without expressing any opinion on merits. Direct service is permitted."
On the basis of the said order the respondent-Bank has passed order dated 28.09.2011, which is impugned in the present petition.
Ms.Shukla, learned advocate for the petitioner, seeks permission to withdraw this petition with a liberty to pursue alternative remedy.
Permission granted. It would open for the petitioner to resort to any alternative remedy, which is available to the petitioner and it would also be open for the petitioner to make an appropriate application and/or averments stating filing of the earlier as well as the present petitions and pendency of these two petitions before this Court.
With these observations, the petition stands disposed as withdrawn. No costs.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top