KAMLESHKUMAR BABUBHAI RABARI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) In view of the urgency mentioned by Mr. G.M.Joshi, learned senior Advocate assisted by Mr. Vyom Shah, learned advocate for the petitioners and fairly not objected by Mr. Kamal Trivedi, learned Senior Advocate assisted by Ms. Dharmishta Raval, learned advocate for the respondent - Bank, this petition is taken up for hearing and final disposal today.

(2.) Rule returnable forthwith. Ms. Dharmishta Raval, learned advocate waives service of rule on behalf of respondent - Bank.

(3.) This petition is filed by Probationary Officers of respondent - Bank, challenging the procedure of test introduced by the Bank for assessment of performance of the petitioners before their confirmation. It is case of the petitioners that they had applied for job pursuant to the advertisement dtd. 9/12/2021, where no such provision or prescription of the test is provided. Similarly, in the appointment letter also there is no such mention of clearing the test before confirmation. In relevant rules such test is not provided for and it only refers to assessment during the probation period. It is case of the petitioners that they have participated in the procedure of test but have failed and, therefore, they are apprehending non-confirmation in the job though they have otherwise successfully completed the probation period as required under the advertisement, appointment order and the relevant rules. The probation period is to get over and no sooner thereafter the petitioners will be relieved/discontinued from the job.