RAJESH KUMAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE appellant is aggrieved by the decision dated September 03, 2013 passed by the learned single Judge dismissing WP(C) No.2034/2013 filed by the appellant. The view taken by the learned Single Judge is that the appellant was estopped from claiming a right under the policy applicable to the Probationary Officers of the respondent bank pertaining to the written examination : 'Probationary Officers - 2009 -10 Batch', in view of the petitioner having accepted and thereafter taken a chance at the re -test conducted, and hence exercised a right under the letter dated May13, 2011.

(2.) TO appreciate the legal issue arising, and on which the learned Single Judge has held against the appellant, relevant facts would be that the appellant submitted an application to the State Bank of India when an advertisement was published inviting applications from eligible candidates to take the Probationary Officers' Examination : PO 2009 -10 Batch. The appellant was successful at the selection process and was offered appointment as a Probationary Officer, informing him that he would be on probation for a period of two years. The letter of offer is dated April 28, 2009.

(3.) CLAUSE 5 of the letter offering appointment, inter -alia, informed the appellant that apart from other conditions, one pre -requisite for confirmation, would be the petitioner successfully passing the Evaluation Test conducted by the bank during the period of probation.