Dear Expert /Schloar Members,
This query I am posting on behalf of my spouse and request you all to please guide.
We have already filed Writ Petion in honorable high court of karnataka and since last three months we are waiting for preliminary hearing date.
Please find the case zest as below:
As per the SBI PO confirmation policy
. First confirmation test will be conducted after 18 months of probation.
. 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 within six months of first test.
For confirmation in JMGS 1, qualifying marks in the written test will be 50% (45% for SC, ST and PWD).
Those scoring less than 75% marks but minimum 50% marks in the written test shall be confirmed in the grade of JMGS-I. Whereas candidates scoring less than 50% marks will be given options as under-
Candidates will be required to appear in another confirmation test on or before completion of 24th month of his/her probation and in the event of not qualifying in the re-test, his/her services will be terminated with immediate effect and he/she will be paid one month’s emoluments in lieu of one month’s notice in terms of Rule 16(3) of SBI Officer’s Service Rules read with the present policy of confirmation of probationary Officers as applicable hitherto.
There was another circular as well for grace marks ( total 9 marks ) which is as below :
To encourage new joinees PO competent authority has decided to give 9 additional grace marks in confirmation test .
Candidates are required to complete these certifications during their probation period which is for two years.
AMFI certification ( 3 marks ) conducted by SEBI
CIF certification ( 3 marks ) Conducted by IRDA
SP certification ( 3 marks) Conducted by IRDA.
I am providing chronological order of events happened in our case.
1.Date of joining in organisation : 9/12/2013
2.Letter Date of Termination from services: 1/6/2016. Receving,acknowledged Date : 6/6/2016.
3.First confirmation took place on 15/5 /2015( secured less than 50 % )
4.2nd confirmation test on 23/5/2016 ( Delay of 104 days as per probation policy )
5.No probation extension letter / email/ fax was served.
6.other bathmates 2nd test was held on due time i.e on completion of 24 months in month of january 2016.
7. Before Second confirmation test 2 certifications ( carries 6 marks was completed )
8. On 25th may 2016 results came without giving score card .
9. upon telephonic enquiry from management came to know about score which was 91 .83 there was huge gap in objective paper marks and subjective paper marks.
Subjective scored 73 & objective secured only 18 marks ( Negative marking @ 25% was introduced first time in my batch )
Total marks as per organisation : 73+ 18+ 6 grace marks ( 2 certification )= 97 marks
Upon knowing that I was failing for 3 marks I applied for 3rd certification on 27/5/2016 .
SEBI gave date on 10th june 2016 which I completed in 1 st attempt.
From the duration of 24/5/2016 till 6/6/2016 I gave various represenations to management , chairman ,union , GM , HR but no one acknowledged and gave deaf year to my plea.
I was served termination before I could complete my certification i.e on 10th june 2016.
Termination letter as below :
Letter dated 1.06.2016 informed it has not been deemed fit to confirm him in the service of the bank and consequently you are discharged from the service of the bank in terms of Rules 16(3) of the SBI Officers Service Rules with immediate effect. the amount of one month emoluments in lieu of one month notice payable to the petitioner in terms of Rule 16(3)(a) of the SBI Service Rules will be paid to him separately.
That Rule 16(3) of the SBI Officers Service Rules, 1992 under which I was discharged from service reads as follows-
Rule 16(3)Where during the period of probation, including the period of extension, if any, the competent authority is of the opinion that the officer is not fit for confirmation:-
- in the case of a direct appointee, his services may be terminated by one month’s notice or payment of one month’s emoluments in lieu thereof, .
Please note I was never given any probation extension letter and my salary was settled in parts till from 7/6/2016 to 25-6-2016 which falls later than my certication completion date.
why bank didnt wait till I could comlete my 3 rd certification which was merely 4 days away.
We are being harassed as well as keeping lein mark on our bank account towards some recovery amount.
In other job interviews in lack of proper experience letter or due to termination from services other companies are unwilling to give job opportunity.
Multiple appreciation letters are there but they are of no use.
In recent change from this batch Bank has removed negative marking practise which was applicable in my case.In my case negative marking has played spoil sport only 18 marks and subjective carries 73 marks.
I request you all the learned members to advise us / guide us to fight against this injustice which has been done to us.
PLEASE HELP.
