CHANDAN CHOUDHURY Vs. MIZORAM RURAL BANK

JUDGEMENT

(1.) This order will dispose of all the 7 (seven) writ petitions since they are all similar and involve common issues to be decided. Out of the 7 (seven) writ petitions, the petitioner in WP (C) No. 63/2021 was appointed as Officer Scale-I under the Mizoram Rural Bank while the remaining petitioners were all appointed as Group 'B' Office Assistant. For brevity, the facts in WP(C) No. 64/2021 will be referred to as hereunder.

(2.) Pursuant to the advertisement for the post of Group 'B' Office Assistant circulated in the website on 22/7/2017, the petitioner applied for the said post and after undergoing the process of selection, he was given an offer of appointment on 3/4/2018. In the offer of appointment, it was stated that in case he did not possess the required qualification with regard to the proficiency in local language as per the terms and conditions, his selection will be on provisional basis and the final selection will be subject to his acquiring necessary proficiency in local language within a period of 6 (six) months from the date of the joining report and that the appropriate authority will review his suitability within a period of 6 (six) months.

(3.) Following the petitioner's appointment, the respondent authorities vide Letter dtd. 9/11/2018 informed the petitioner that the local language proficiency test was scheduled to be conducted in the Head Office on 14/11/2018 at 2:00 PM in the level of Class-VIII standard general Mizo language and that he was advised to attend the said test. Although the petitioner sat for the test on the given date but no announcement of the result was made and that his probation period was to end on 6/5/2019. According to the petitioner, during his probation period there was no communication from the respondent authority regarding the further extension of probationary period for 6 (six) months as per the rules asking him to acquire proficiency in local language and holding test during this period. Therefore, the petitioner was of the bona fide belief that he qualified himself in the test conducted on 14/11/2018. However, to his surprise on 27/1/2020, the Chief Manager (Per) wrote a letter to the Branch Manager, Mizoram Rural Bank, Kawlkulh Branch informing him to depute the petitioner to attend Regional (Mizo) language training-cum-test for staff who were not proficient in local language scheduled to be held between 17th to 19/2/2020 at the Head Office in Aizawl. The petitioner accordingly sat for the test but again, the result was not declared.