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(Guest)

Termination of service from state bank of india

 

SIR/MADAM,

 

I JOINED STATE BANK OF INDIA AS PROBATIONARY OFFICER DURING NOV 2008. AS PER TERMS AND CONDITIONS OF STATE BANK OF INDIA, A PROBATIONARY OFFICER HAD TO QUALIFY A CONFIRMATION TEST ( WRITTEN TEST ) TO GET CONFIRMED INTO THE SERVICES. THE TEST IS BEING ARRANGED BY THE END OF THE TWO YEARS OF PROBATION. SBI USED TO GIVE TVWO ATTEMPTS TO QUALIFY THAT EXAM. THE 1st EXAM HAPPENED DURING AUGUST, 2010. VTHE RESULT OF THAT TEST WAS DECLARED AT THE END OF SEPT, 2010 AND I WAS UNABLE TO GET THROUGH THAT EXAM. HENCE, SBI GAVE ME ANOTHER OPPORTUNITY TO SIT FOR CONFIRMATION EXAM WHICH WAS HELD ON 31st OCTOBER,2010. THIS TIME SCORED 91 OUT OF 200 MARKS, AND UNABLE TO QUALIFY THE 2nd ATTEMPT BY ONLY 9 MARKS. 50% MARKS OR 100 MARKS WAS REQUIRED TO QUALIFY THAT EXAM.

 

STRAIGHTAWAY, STATE BANK OF INDIA TERMINATED MY SERVICES WITH OTHER THREE EMPLOYEES FROM DIFFERENT STATES WHO WERE UNABLE TO QUALIFY THE 2nd ATTEMPT WITH IMMIDIATE EFFECT ON NOV, 2010. 

 

I AM OUT OF JOB NOW FOR THE LAST 10 MONTHS.

 

MY QUESTIONS TO YOU ARE:-

 

1. SHOULD I LODGE A CASE AGAINST SBI ?

 

2. I WAS POSTED IN KOLKATA CIRCLE, HENCE IF I LODGE A CASE AGAINST SBI, FROM WHERE I HAVE TO LODGE THE CASE.

 

3. TO LODGE A CASE AGAINST SBI, WHICH ADVOCATE I HAVE TO CONTACT, i.e. ANY CORPORATE LAWYER OR SOMEBODY ELSE ?

 

4. WHAT MAY BE THE EXPECTED(APPROX.) FEES OF THAT ADVOCATE TO RUN THAT CASE.

 

 

 

THANKS AND REGARDS,

 

AVIRUP



Learning

 13 Replies

pervez (adviser)     13 August 2011

No rights would accrue if the employement was accepted with those terms... Pl. read the appointment letter... you can still challenge the process being harsh and unreasonable...

Kumar Doab (FIN)     13 August 2011

Learned Mr. Pervez has given valuable advice>kindly follow it.

 

During the recruitment process written tests are arranged to check if the candidate has the aptitude to perform at the job in offing, and later GD, personal interviews are arranged to select the best candidates.

Having selected the candidate and having performed at the job for two years without any memo, penalty, and charge sheet should imply that the candidate has the basic intelligence, and aptitude to perform the job. The written test conducted by the employer before confirmation may be another check to see how well you are able to respond in writing to the questions thrown at you in answer sheet. But the condition of confirmation if only you pass in the test with min 50% marks, and termination if you fail in the test, is harsh.

The employer has left no option since to get the job candidate has to accept the condition in appointment letter.

Is there any provision to take leave without loss of pay before the exam? Bank employees and especially PO have to work late hours. Thus virtually no quality time is left to read. What were your usual hours and time at job? Company could allow continuing with less rise/no rise in salary.

You can approach senior employees and union leaders of the bank and find out if such termination has ever been contested and revoked?

Where was your termination order supplied to you?

Kindly consult an experienced service lawyer with all records, and take a qualified decision. You can approach a lawyer who has been handling bank cases at your location for getting opinion in your case. You can approach LCI expert Mr. Devajyoti Barman ,from Kolkota for his opinion advice.

If you and your lawyer are convinced, you can give it a try in court of law.

1 Like

(Guest)

SIR,

THANK YOU FOR YOUR VALUABLE FEEDBACK REGARDING THIS MATTER. MY TERMINATION LETTER WAS SERVED TO ME AT SBI,LOCAL HEAD OFFICE, KOLKATA. I WANT TO SEND THE SCANNED COPY OF MY APPOINTMENT LETTER AND TERMINATION LETTER FRO YOUR BETTER REFERNCE. I AM NOT ABLE TO ATTACH THOSE FILES HERE. CAN I HAVE YOUR e-mail id SO THAT I CAN SEND MY DOCUMENTS ?

DO YOU HAVE CONTACT NUMBER OR E-MAIL ID OF A SERVICE LAWYER IN KOLKATA WHOM I HAVE TO CONTACT REGARDING THIS MATTER FOR SUGGESTION ? PLEASE PROVIDE THE DETAILS OF THE SAME.


(Guest)

REGARDING MY TERMINATION FROM SBI I WOULD LIKE TO INFORM YOU THAT A PROBATIONARY OFFICER OF 2009 BATCH NAMED PALAK MODI FROM SBI WAS TERMINATED FROM SERVICES AS SHE WAS FOUND PRACTICING SOME UNFAIR MEANS/MALPRACTICE/MISCONDUCT/CHEAT WHILE SHE WAS GIVING THAT CONFIRMATION EXAM THIS YEAR. SHE IS FROM LUCKNOW CIRCLE. SHE LODGED A CASE AGAINST SBI AT ALLAHABAD HIGH COURT. AS PER THE LATEST NEWS ABOUT THAT PARTICULAR CASE, SHE IS WINNING THAT CASE. TWO HEARINGS ARE OVER. THE 3rd HEARING IS PROBABLY THE LAST HEARING IN FAVOUR OF THE CANDIDATE. MY QUESTION IS EVEN AFTER A CANDIDATE WAS FOUND CHEATING IN AN EXAM, TERMINATED, LODGED A CASE AND ALSO WINNING......WHY SHOULD NOT I LODGE A CASE, MY CASE WAS NOT LIKE THAT, I WAS JUST NOT ABLE TO QUALIFY THAT EXAM BY 9 MARKS AND TERMINATED AND WAS A GENUINE CASE. PALAK MODI's CASE NUMBER IS 1298 LYING AT SERVICE BENCH, ALLAHABAD HIGH COURT. IF SHE GET THE JUDGEMENT IN HER FAVOUR, SHOULD I HAVE TO WRITE TO SBI GIVING REFERENCE TO PALAK MODI's JUDGEMENT TO REINSTATE MY EMPLOYMENT OR ELSE I SHOULD DIRECTLY LODGE A CASE AGAINST SBI ?

PLS REPLY

Kumar Doab (FIN)     13 August 2011

You have mentioned in your post:

-That 3 candidates failed in the exam from different states and were terminated as per the terms written in the appointment letter. You can try and find out if prior to year 2010, in any year if in any similar case the courts have ordered reinstatement of employee. Mr.Soni had given a valuable suggestion. Kindly follow the advice,attempt and get the details. Kindly use your resources and generate as much information, details, and records, as possible.

Your colleagues, union leaders, bank lawyers, may give you information about any court decision in the past and other useful inputs.

-The other employee Palak Modi might have pleaded that there was no cheating/malpractice from her end and might get relief based on her appeal. You can speak to this employee and find out details of her petition to the court, and what relief is sought from HC. It could be another chance to write exam or waiver of the condition of passing exam to get confirmation of service. If the cause of this employee is similar to your cause, you can use decision in her case as precedence.

If possible you can speak to lawyer of the employee in this case and seek opinion, for your case.

-You can approach LCI expert Mr. Devajyoti Barman , from Kolkota for his opinion/advice. The contact details as posted in profile section are ACE LEGAL CONSULTANTS.

Contacts to me can be made for professional services through nos like--0 9062412450,033 24007986 or through e-mail---devajyoti_barman@yahoo.co.in or devajyoti_barman@hotmail.com.

Website - https://acelegalconsultants.webnode.com//

Or you can approach your colleagues, union leaders, bank lawyers, and contacts at Kolkota and they may guide you to a service lawyer.

-If you and your lawyer are convinced, you can give it a try in court of law.


(Guest)

Hi Avirup........I m from Probationary officer 2009 batch.I was also terminated by State bank of india this year.I posted in Kolkata, bengal circle.I came to know about u from CM l&d and got u in this forum. My examination was excellent but after that,bank disqualified me twice by 1 marks only.I am very much agitating by this decision of bank.It seems that everything was preplanned.First they asked for resignation but we didnot resign,so they terminated us.I filed a case in calcutta high court.decision is still pending because of puja vacation of high court.Now court reopened.Need ur help.If u read my message then contact me on my email id aaina.shaw@gmail.com.

Kumar Doab (FIN)     28 November 2011

@ Aaina Shaw:

Did you submit a written communication that Mr/Ms .............................department, designation, office address, called you from phone number.....at your phone number....on dated ......at time ........... or in person coerced and forced you to submit your resignation or you shall be terminated.

Employee should record(audio/visual) such incidences.

Had you resigned you could have narrated the incidence in your notice of resignation and could have mentioned that this resignation has been obtained under force/pressure and you lodge your protest. Employee should submit notice of resignation and not immediate resignation and never a letter of resignation without effective date of resignation mentioned in it. Employee can withdraw notice of resignation before effective date of resignation.

It is learnt from another post in this forum that Palak Modi has won the case against SBI.

Link is given below;

https://www.lawyersclubindia.com/forum/Re-Re-Termination-of-service-during-probation-46620.asp

You have all the right to defend yourself.

chandan (cto)     22 January 2012

 

The Executive Committee of Central Board of SBI at its meeting held on 12.05.2011, has made following changes in confirmation of PO’s /TO’s from 2009-20010, batch onwards as under:

i.             First confirmation test will be conducted after 18 months of probation.

 
ii.           For confirmation in JMGS 1, qualifying marks in the written test will be 50% (45% for SC, ST and PWD).
 
iii.         All candidates who secure 75% or more in the written test will qualify for Group Discussion and interview. Such candidates (not belonging to SC and ST categories) securing 75% or more in Group Discussion and interview will be confirmed in Scale – II. However, for candidates belonging to SC and ST categories, the qualifying marks in Group Discussion and Interview will be 70%.
 
              In this context, it is clarified that aggregate of marks awarded in ‘Written Test’ and ‘GD & Interview’ will not be considered. Accordingly, only those candidates who secure minimum qualifying marks in the Written Test will qualify for GD & Interview.  Thereafter, those who secure minimum qualifying marks in GD & interview may be confirmed as Scale-II officer in the Bank. The qualifying marks for ‘Written Test’ and ‘GD & Interview’ for confirmation in Scale-II are mentioned as under:

 

             
 
WRITTEN TEST
GD & INTERVIEW (COMBINED)
Full Marks
200
50
Candidates (not belonging to SC and ST categories)
75% i.e., 150 marks
75% i.e., 37.5 marks
Candidates belonging to SC and ST categories
75% i.e., 150 marks
70% i.e., 35 marks
 
i.             Probation period of POs/TOs who fail in the confirmation test will be extended by six months and candidates will write the second test to be conducted after six months of first test.  Second test will be for judging their suitably for confirmation in Scale I only and even if the candidates score 75% or more marks in the written test, they will be confirmed in Scale I only.
ii.           In case the candidates fail in the second test, in respect of POs their services will be terminated, whereas TOs will be reverted back to clerical cadre.
iii.         Annual increment date of the candidates, whose probation is extended, will be shifted with the extended probation period.  Further, the service rendered by the officer during extended probation period will not be counted as eligible service for seniority/next promotion. However, ignoring extended probation period for seniority will have no impact on officers’ superannuation benefits.
iv.         Further, those POs and TOs belonging to 2008-09 batch only (whose numbers are 35 and 1 respectively), who do not secure the minimum qualifying marks in the second test may be allowed to appear in the third test as per the existing policy. If such candidates fail in the third test as well, they may be confirmed as JMGS I after withdrawal of four increments, given to POs and TOs as per the existing Rules. This is being extended to them because POs and TOs of 2008-09 batches have already been advised that three attempts for confirmation will be given to them and in the event of being unsuccessful in the third test, they may be confirmed as Officer JMGs I after withdrawal of four increments, given to POs and TOs as per the Rules.
 

2.      Accordingly, Rules 5 (1) (a) and 18 (4) of State Bank India Officers’ Service Rules are amended. The affiliates/members may take note of the changed procedure in case of confirmation of PO’s/TO’s in Bank.

 


(Guest)
@Chandan: This rule came on 9th june 2011 e-circular of SBI, but exam was held previously on 27 Feb 2011.Will it applicable on that exam????

chandan (cto)     22 January 2012

@AAINA SHAW

 

Definitely. Have a contact with Mr Nadaf for this purpose.


(Guest)
I already had.He told that he cant do anything.......every circle have to take interest in it......It is preplanned by higher authority and association head.Because everybody who not qualified in the exams are failed only by 1-2 marks and it cant be co-incidence.There is bad ACR comment behind these results......

Kumar Doab (FIN)     23 January 2012

Posted By Aaina Shaw:

.It is preplanned by higher authority and association head.Because everybody who not qualified in the exams are failed only by 1-2 marks and it cant be co-incidence.There is bad ACR comment behind these results......

In another thread initiated by Probationary Officerof State Bank of India

https://www.lawyersclubindia.com/forum/Re-Re-Termination-of-service-during-probation-46620.asp

Forum Home > Labour & Service Law > Employment > Termination of service during probation   Unanswered ThreadsPost New Topic

 

 

 

 

 

Bank has terminated the service based on doubt. Bank denied natural justice and declined to provide the copies sought by aggrieved employee.

Bank has been drumming a stand that court should not sit over the decision of an expert body (which may be another body under the influence or association of bank)

And this stand of the bank has been rejected by HC and HC has ordered relief to the employee.

It is the bank which has gone to SC now instead of granting relief and adhering to the decision of HC.

Bank wishes to be a state with in state?

From the day of starting education to day of completing education, then to prepare for employment/competitions, the expenses are huge and it is after the labor of many years one prepares to get employed and toils in competitions etc.

Once employed in establishments like banks employees are coerced for working for extended hours as if it is the right of employer and then some day employee is terminated because some executive has decided to write bad ACR and another executive an head of employee’s association have decided to fail the candidates.

Bank takes it as a matter of right to drum a stand that court should examine or sit over the decision of expert body of the bank.

All affected employees must call for copies of ACR, answer sheets and thus tame and shame the bank and instead of the employees these heads of association and executive of the bank should be shunted out.

Courts alone shall lift the veil.

mahesh (po)     27 February 2014

RESPECTED SIR,

i am terminated PO 2010 batch. i filed case against SBI.i request respected lawyers(service related) for my query.

I joined SBI on 17 march 2011after resigning from another bank

SBI chnaged circular on june 2011 and reduced chnaces for clring exam(file attached)

after accepting two chance i was unable to clear exam a very few marks(i dont hav ny other option so i accepted).

but when i joined bank that time 3 chnace option was running on. in my case i just want 3 chance or decrease 4 incremnt absorb us.

i wanna ask bank can change circular anytime?

implement us neglecting our natural rights.bank showed delhi high court verdict.(file attach)


Attached File : 959995193 09062011.pdf, 959995704 screening test 2009-10.doc, 959996181 rajesh kumar vs. state bank of india.pdf downloaded: 291 times

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