JUDGEMENT
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(1.) Leave granted in both the matters.
(2.) These two appeals arise out of a judgment and order dated 20th May,
2005 rendered by the Division Bench of the Orissa High Court at Cuttack in
WP No. 2333 of 1991.
(3.) Writ Petitioner (Respondent in appeal arising out of SLP ) No. 18997
of 2005 and Appellant in the connected appeal) was appointed as a
Management Trainee in the Punjab National Bank (Bank). She was duly
selected by the Banking Service Recruitment Board, Delhi. An offer of
appointment was made to her favour on or about 28th July, 1986 inter alia on
the following terms and conditions :-
"2. TRAINING/PROBATION/CONFIRMATION
"You will be on training/probation for a period of 2 years
from the date of your joining the Bank and you will be
considered for confirmation in the service, subject to
your satisfactory report on your training, passing Bank's
confirmation test and receipt of satisfactory report from
the Police authorities about your character and
antecedents. You may also be required to pass a test in a
language other than your mother tongue before
confirmation.
3. During the period of probation your services can
be terminated by giving one month's notice or payment
of one month's emoluments in lieu thereof. The Bank
may, however, in its discretion extend your probation by
a further period not exceeding one year. If you desire to
leave the services of the Bank at any time during the
period of probation, including the extended period
thereof, if any, you shall give a month's notice or in lieu
thereof, you shall pay a month's emoluments to the
bank.";
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