alokpratapsingh 25 January 2015

State bank of india put my employment on hold

I was selected as probationary officer in State Bank of India after written examination, group discussion and personal interview.

But in medical examination, I was diagnosed with a heart ailment named Non Obstructive Hypertrophic Cardiomyopathy. And SBI has put my recruitment on hold and have asked me to come for medicals next year. Only after the result of medical examination next year, they will consider my case.

While enquiring with cardiac specialists, I found out that My ailment is non curable as it is a by birth thing and also that I will have to live with it throughout my life. But they also added that this ailment is only affecting persons involved in labour intensive activities i.e. sports, physical labour, body building etc.They also added that the ailment is in no way affecting my capabilities as probationary officer in SBI as it is primarily a desk job. And according to doctors I am fit for recruitment. They were even surprised regarding decision of SBI putting my recruitment on hold.

Now, if the ailment is non curable, why SBI is opting for a second medical and what if they reject me during the process? Can I file a case against them?

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4 Replies

Kumar Doab (FIN) 25 January 2015

You may go thru the advertisement, eligibility criteria, and medical fitness criteria and preferably obtain the written response from the bank and if the bank is not replying in writing follow RTI route……………

If the medical ailment diagnosed does not declare a candidate unfit for absorption then bank should not decline...........

Moreover the declinature if at all is issued as per Specialist's opinion and by Medical Board, that also is sought to ascertain the expenses employment of person suffering from medical disorder can cast on employer…….

This is usually explained in detail in clauses by the bank and should be available at the bank officer’s unions website too e.g

https://sbisa.org/servicedetails.php?id=2

If your specialist opines that this ailment is not such that makes you unfit you can ask for re examination by the board……........or approach court of law...

Although the following judgment is not the medical order mentioned by you it would be useful for you from the point of view of legalities in such matter…

Ranjit Kumar Rajak Vs State Bank of India,

29. Under the circumstances, in our opinion, this petition has to be allowed and consequently we make the Rule absolute in terms of prayer clauses (a), (b), (d). Rule made absolute also partly in terms of prayer (e). The petitioner would be offered employment and allowed to join within sixty days from today after complying with other requirements, if any.

https://bombayhighcourt.nic.in/data/judgements/2009/OSWP29808.pdf

You may also go thru:

Hariram Krishna Iyer

VERSUS

State Bank Of India, Mumbai

https://www.the-laws.com/Encyclopedia/Browse/ShowCase.aspx?CaseId=018002867000

It shall be appropriate to consult an able labor Law consultant/Service matter lawyer before you start writing to the bank..

Attached File : 578422617 oswp29808 (2).pdf downloaded: 132 times

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 25 January 2015

SBI medical found out ailment which prohibit you for recruitment as probation officer. Nor it is legally or morally compulsory to recruit you when ailment is confirmed primarily. You must thank SBI that they given you opportunity to come for medical text next year to be become eligible. If file suit, you will not succeed.

alokpratapsingh 26 January 2015

I'm not going to file suit soon. But if my ailment is not going to hamper my work as PO, then bank should give me employment as is in the case mentioned by Mr. Kumar Doab. Also the cardiac specialists are of opinion that this ailment is not going to hamper my work as PO. The SBI authorities have not responded as to why I'm put on hold but have only asked me to come for medicals when the next batch of POs get selected. Isn't this unfair?

Kumar Doab (FIN) 26 January 2015

If you are not taken in employment this time then you may not be taken next time as well since as per you the ailment is not curable or one that will subside on its own with time…..

The objective of the SBI asking you to come next year is just one to place on record that you are not cured of the ailment even after an year and then to deny the employment once again…………………………..

If SBI has not supplied the reason on ‘Why you are put on hold’ then it is to conceal and to avoid instant legal recourse that you may take if you are supplied with the reason…….

Your name should have featured in selected candidates and you should download the list containing your name…………………after selection only you would have been sent for medical check up……………………..you should download the communication issued to you asking for medical check up……………..and receipt of fee if any paid by you for medical check up………..and obtain the copy of medical reports even if thru RTI………………..

You should also obtain written opinion from Specialist cardiologist (DM-Cardiology) and preferably from Medical College or one referred by Civil Surgeon Or SMO whoever is an authority in your locality…….

Therefore if you want to take a chance then you may take it now…………….

Online discussions have its own limitations.

It is reiterated that you should proceed under the expert advise of the Labor Law consultant/Service maters lawyer and the counsel that has examined all docs on record and inputs by you can advise you the best…………………………………..on merits in your case and remedies available to you…….and you should proceed further under expert advise of your lawyer only after you are convinced of the merits in remedies suggested to you….