ASTAMIJA DASH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The petitioner calls in question the order terminating her services in accordance with the terms and conditions of appointment (Annexure-3) and has prayed for the following reliefs:

(2.) The main thrust of the argument of the learned counsel for the petitioner is that the services of the petitioner have no relationship with the conditions imposed in the appointment order. The petitioner having rendered services for a maximum period of probation is deemed to have been confirmed after expiry of the said period as no extension thereafter was permissible. Once this period is over, the termination order is bad. Non-passing of the confirmation test, according to the petitioner, cannot be a disqualification since the test is not contemplated under the Punjab National Bank., Officer Employees (Conduct) Regulations, 1977 and Punjab National Bank (Officers) Service Regulations, 1979. The terms and conditions imposed upon the petitioner in the appointment orders are ultra vires the regulations framed by the Bank in exercise of statutory power. The Bank having imposed different conditions of service other than the Nationalised Banks, the same is discriminatory and contrary to the public policy. The petitioner having not been able to appear at the test due to her physical disability, she ought to have been offered another chance like other officers of the Bank, namely, Ms. Indubala, Brijen Kousal, Kanwarjeet Singh, Kajli Thomas and A W.J. Minz.

(3.) The opposite parties in their counter-affidavit denied the claim made by the petitioner. It is the specific case of the Opposite Parties that the termination of the petitioner's service is strictly as per the terms and conditions of contract of appointment. The petitioner having accepted the terms and conditions of appointment as contained in the appointment order, she is estopped from challenging the same. The petitioner having been offered ample opportunity to get herself confirmed by qualifying in the Bank's Confirmation Test and having miserably failed to succeed in the test, cannot complain of any discrimination.