Pramath Patnaik, J. - (1.) BOTH the writ petitions have been taken up together with the consent of the parties as common issues are involved in both the writ petitions and are being disposed of by this common order.
(2.) IN the aforesaid writ applications, the petitioners have inter alia prayed for quashing of order as contained in letter dated 29.07.2008 (Annexure -10 to the writ application) issued by the General Manager (Network -II), State Bank of India (respondent No. 2), by which the services of the petitioners have been terminated from the bank with immediate effect in terms of Rule 29(2)(3) of the Service Rules for CREs -PB, 2007 and also for quashing of Fax letter dated 11.09.2008 (Annexure -13 to the writ application) issued by the Assistant General Manager (PBBU), respondent No. 3 relating to rejection of representation for waiver of termination from service and for direction to reinstate the petitioners on the post of Customer Relationship Executive (Personal Banking), State Bank of India, Teleco Campus Branch, Jamshedpur with all consequential benefits. Sans details, the facts as delineated in the writ applications in a nutshell is that in pursuance to the advertisement vide Annexure -1 to the writ applications, the petitioners were called to appear in interview. The petitioners having fulfilled all the requisite qualifications were issued appointment letter vide annexure -3 to the writ application on the post of Customer Relationship Executive (PB) on contract basis and they were directed to return the duplicate copy of offer letter duly signed by the petitioners, in token of acceptance of offer by 17.08.2007. The petitioners were appointed as Customer Relationship Executive on contract basis for a period of two years vide Memo dated 20.08.2007, which is evident from annexure -4 to the writ applications. It has been submitted in the writ applications that the petitioners continued to discharge their duties to the best satisfaction of his authority and for that he also received letter of appreciation, as evident from annexure -6 to the writ applications. In the meantime, the petitioners were intimated regarding non -completion of AMFI and IRDA certifications vide letter dated 26.06.2008, as per Annexure -7 and it was informed that the bank is compelled to terminate the services of the petitioners on completion of 30 days from the date of this letter in terms of Rule 29(2)(3) of Service Rules for Customer Relationship Executives, Personal Banking, 2007. Annexure -8 to the writ applications is the certificates issued by the Chairman, AMFI Mutual Fund (Advisors) and Annexure -9 is the result sheet of IRDA examination issued to the petitioners by the SBI Life Insurance Co. Ltd. But, to the utter surprise and consternation, the impugned order under Annexure -10 was issued to the petitioners vide letter dated 29.07.2008 terminating their services from the bank with immediate effect in terms of Rule 29(2)(3) of the Service Rules for CREs -PB, 2007. Being aggrieved by the impugned order of termination petitioners filed representations against the order of termination before the General Manager, Network -II, State Bank of India, LHO, Patna vide annexures -11 and 12 to the writ applications. Thereafter, the petitioners were intimated vide order dated 11.09.2008 that their representations have not been accepted by the authority concerned as evident from annexure -13 to the writ application and by way of annexure -14, petitioners have annexed Advertisement No. CRPD/CRE (PB)/2008 -09/08 of Customer Relationship Executives (PB) wherein possession about AMFI and IRDA certificates have not been clearly mentioned.
(3.) BEING aggrieved by the illegal action of the respondents and left with no alternative, efficacious and speedy remedy, the petitioners have approached this Court invoking extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of their grievance.;