LexPUNJAB NATIONAL BANK BY CHAIRMAN & ANR. versus ASTAMIJA DASH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2008] 7 S.C.R. 365
PUNJAB NATIONAL BANK BY CHAIRMAN & ANR.
A
v
ASTAMIJA DASH
(Civil Appeal Nos. 3125-3126 of 2008}
APRIL 30, 2008
B
~
(S.B. SINHA AND V.S. SIRPURKAR, JJ.)
..,l..
Service Law:
Banking Service -
Termination - Of Management c
Trainee - On ground that she failed to qualify the confirmation
test as prescribed in letter of appointment inspite of three
opportunities - Prayer for another chance to clear the
confirmation test dismissed by Appellate Authority -
Writ
petition - Allowed by High Court on ground of discriminatory D
treatment vis-a-vis '/', a similarly situated employee, who was
granted opportunity to appear in confirmation test for the 4th
time - Held: The Service Regulations did not speak of any
confirmation test - Offer of appointment also did not speak
about the number of chances to be given for passing the
E
confirmation test - Doctrine of reasonableness and fairness ·
required to be complied with by the Bank keeping in view its
status of a State within meaning of Art. 12 of the Constitution -
On facts, case of aggrieved employee on much stronger
foundation than that of '/' - She was entitled to another
~
opportunity to appear at the test - Direction for reinstatement F
--
in service with 50% back-wages - Punjab National Bank
(Officers) Service Regulations, 1979 - Constitution of India,
1950 - Arts. 12, 14 and 16 - Doctrines -
Doctrine of
reasonableness and fairness.
Constitution of India, 1950-Art.14- Held: Does not apply G
in a vacuum - Whereas persons absolutely similarly situated,
should be treated equally, equal treatment to persons dis-
similarly situated would also attract the wrath of Art. 14.
365
H
366
SUPREME COURT REPORTS
(2008] 7 S.C.R.
A
The writ petitioner before High Court {hereinafter
called the "writ petitoner" had been appointed as a
Management Trainee in Punjab National Bank. She was
terminated from service on the ground that she failed to
qualify the Bank's confirmation test as prescribed in the
B letter of appointment. The writ petitioner was given three
?
opportunities to appear in the confirmation test; on the
....
first occasion she did not qualify; the second time she
did not appear for the test as she was in advanced stage
of pregnancy and, having had miscarriages on two
c previous occasions, was medically advised not to move,
while the third time she again failed to qualify. The
termination order was passed after expiry of the extended
period of probation. The writ petitioner filed appeal before
the Appellate Authority for another chance to clear the
0 confirmation test stating that similarly situated employees
including one 'I' had been given another chance to appear
at the examination. The appeal was dismissed.
In the writ petition before High Court, it was inter alia,
contended by the writ petitioner that in terms of the Punjab
E National Bank (Officers) Service Regulations, 1979
insistence of passing the confirmation test was illegal;
that as the extended period of probation had already
expired she should be deemed to have been confirmed
in service and further that she had been subjected to
F discriminatory treatment vis-a-vis 'I' who was granted an
opportunity to appear in the confirmation test for the 4th
....
time on the ground of illness of her mother. The High Court
had rejected the first two contentions but accepted the
third and allowed the writ petition on the said premise.
G
In the present cross-appeals, it was submitted on
behalf of the Bank that although the Regulations did not
provide for a confirmation test, the said writ petitioner
having accepted the conditions of appointment, she
cannot be permitted to approbate or reprobate; that her
H services having not been expressly confirmed, the
PUNJAB NATIONAL BANK BY CHAIRMAN & ANR. v.
367
ASTAMIJA DASH
......
doctrine of implied confirmation was not applicable and A
that reliance placed by the High Court on the case of 'I'
was misplaced and in any event no legal right can be
claimed on the basis of an illegality committed by the
employer as Article 14 of the Constitution speaks of a
positive right. It was further submitted on behalf of the
B
~
Bank that the competent authority had formulated a policy
....
of not permitting anybody to appear in the test more than
thrice. Strong reliance in this behalf was placed on the
decision of the Executive Committee of the Bank deciding
that maximum number of 3 chancesExcerpt shown. Read the full judgment & AI analysis in Lexace.