SURESH CHAND BANSAL Vs. ALWAR BHARATPUR GRAMIN BANK

JUDGEMENT

(1.) THE petitioner had been appointed on the post of Junior Clerk in the year 1983 in the respondent- Alwar Bharatpur Anchalik Gramin Bank and was put on probation for a period of one year after which it was extended by three months by order dated 1st May 1984. THE services of the petitioner was not found satisfactory and hence his period of probation was extended. THE petitioner was confirmed on the post therefore but he felt aggrieved after seven years of his confirmation that his extension period should not have been extended for a period of three months meaning thereby that he should have been confirmed on the post immediately after completion of one year. THE grievance of the petitioner is that the extension of the period of probation for a period of three months has affected his seniority and hence he has challenged the order extending the period of probation by filing this writ petition.

(2.) COUNSEL for the petitioner was heard but no argument has been advanced on what basis the extension of the probation period could be challenged by the petitioner specially when rule 13 regarding determination of seniority clearly envisages exention of the period of probation which states as follows:- SENIORITy (1) (a) Seniority of an officer or employee of the Bank in a grade or scale shall be reckoned with reference to the date of his appointment in that grade or scale. (b) Where there are two or more officers of the same length of service in that grade or scale their inter-se seniority shall be reckoned with reference to their seniority in the immediately preceding grade or scale or the previous cadre to which they belong in the Bank's service. (c) Where there are two or more officers of the same length of service of such grade or scale or such previous cadre their seniority shall be determined with reference to their seniority in the immediately proceeding grade or scale or cadre; and the case may be. (2) The inter-se seniority of officers of employees directly recruited in a batch to any grade or scale shall be reckoned with reference to the rank allotted to them at the time of such recruitment. (3) In the case of an officer or employee whose probation has been extended, his seniority shall be reckoned just below all the officers or employee, if any, recruited or promoted in the same batch alongwith him.