SHWETA KAPOOR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Since these two writ petitions raise the common question of law and facts, the same have been heard together and are disposed of by this common judgment and order. Invoking power under Article 226 of the Constitution of India, these two writ petitions have been filed praying for issuing writ of certiorari quashing the impugned orders dated 31.5.2011 issued by the General Manager, SBI, HRD, Local Head Office terminating the services of the petitioners (Annexure-P/10 in WP (C) No. 3157/2011 and Annexure-P/8 in WP (C) No. 3461/11) further praying for issuing a writ of mandamus directing the respondents to reinstate the petitioners with all consequential benefits and declaration of the result of the petitioners showing their placement in appropriate grade in terms of their performance.

(2.) Heard Mr. P.K. Tiwari, learned counsel appearing for the petitioners. Also heard Mr. G. Das, learned Standing Counsel, State Bank of India appearing for the respondents.

(3.) The case of the petitioners in a nutshell is that they were selected for appointment as Probationary Officers in the State Bank of India ('SBI' for short) by the Central Recruitment and Promotion Department of the SBI and were allotted NE circle. The offers of appointment made to the petitioners by the SBI vide letter dated 4.5.2009 (Annexure-P 1 in both the writ petitions) incorporating the terms and conditions of service which were governed by the SBI, Officers Service Rules 1992 (as amended) ('1992 Rules' for short) and the instructions/guidelines issued, other Rules and Regulations framed by the SBI from time to time. The Probationary period of the petitioners was for a period of two years from the date of the appointment and their confirmation was subject to satisfactory report from the Bank's own sources as well as from the district authorities regarding their character and antecedent and on satisfactory completion of the in service training during the probation coupled with satisfactory performance in the evaluation tests to be conducted by the SBI during the probation period. It was provided therein that failure in evaluation test will make them unfit for continuing in Bank service and their appointments will be cancelled and service will be terminated.