- (1.) The petitioner by the instant petition has challenged the order dated 3.5.2011 passed by the General Manager (NW-II), State Bank of India whereby the services of the petitioner has been dispensed with under the provisions of Rule 16(3) of SBI Officers Services Rules, after giving one month salary in lieu of one month's notice period. This order was passed while the petitioner was posted at State Bank of India RCPC, Hapur (UP).
(2.) Facts in brief are that the State Bank of India by an advertisement invited applications for appointment of Management Executives in different circles of the bank in the country including Delhi circle. The petitioner being eligible, applied for appointment in the Delhi circle. After undergoing written examination, interview and group discussion she was selected and offered appointment vide letter dated 18.03.2010 of the General Manager, State Bank of India, Human Resources Department, Delhi. The appointment was for the post of Middle Management Grade Scale II with probation period of one year from the date of appointment. In the letter of appointment it was mentioned that confirmation in service was subject to the following conditions, which are being quoted herein below: "5. You will be on probation for a period of one year from the date of appointment. Your confirmation in the Bank shall be subject to:- (a) Satisfactory reports from our own sources as well as from District Authorities regarding your character and antecedents. (b) Satisfactory completion of the in-service training during probation. (c) Satisfactory performance in the evaluation tests to be conducted by the Bank during the probation period. Candidates who secure minimum 50% marks (45% marks for SC/ST/PWD) in the written test and minimum 50% marks (45% marks for SC/ST/PWD) in the Group discussion and interview, shall be confirmed as Officer in MMGS-II. Services of the candidates who secure less than 50% marks (45% marks for SC/ST/PWD) will be terminated. (d) The candidates securing 75% or more marks in the above process (in written test and in the Group discussion and interview) will be considered for placement in MMGS-III on the basis of appraisal of 1 year's job performance after confirmation in MMGS-II."
(3.) The petitioner joined service in response to the letter of appointment and underwent training at various places / branches of the respondent-bank including the Apex Training Institute at Hyderabad. While the petitioner was undergoing training, by a circular letter dated 26.02.2011 the respondent- bank notified alteration in the policy for confirmation of the Management Executives than what was mentioned in the letter of appointment dated 18.03.2010. The modification in confirmation process as brought about by the circular dated 26.02.2011 is being quoted herein below:- "2. The Executive Committee of the Central Board in the meeting held on 18.02.2011 modified the policy of probation and confirmation of those Management Executives, who do not qualify in the confirmation test as under:- (a) The probation period of Management Executives securing less than 50 % marks (45% for SC/ST/PWD) will be extended by six months during which period the candidates will have to write a second test. However, all such candidates who shall be writing second test and securing 50% marks (45% for SC/ST/PWD) or more in the second test will be confirmed in MMGS-II only and they will not be considered for placement in MMGS-III, even if they secure 75% or more marks. (b) The candidates who are unsuccessful in the second confirmation test i.e. who secure less than 50% marks (less than 45% for SC/ST/PWD) will be confirmed as JMGS-I at the starting of the scale viz. Rs. 14,500/- according to the current scale of salary of JMGS-I officers. (c) Annual increment dates of the candidates whose probation is extended will be shifted by the extended probation period of 6 months. The service rendered by the officer during the extended probation period of 6 months will also not be counted as eligible service for seniority/next promotion." The changed terms for confirmation as aforestated were applicable at the option of the candidate as would be clear from paragraph 3 of the circular letter, which reads as under: "3. This letter is being sent to you in duplicate. Please return the duplicate copy of this letter immediately to the Bank/branch duly signed at appropriate place indicting whether you are agreeable to the changed/modified policy as mentioned in para 2 above. In case you do not agree to the change of policy as mentioned in para 2 above you will be governed by the policy as mentioned in para 1 above.";