PUNJAB NATIONAL BANK BY CHAIRMAN & ANR. versus ASTAMIJA DASH

PUNJAB NATIONAL BANK BY CHAIRMAN & ANR. versus ASTAMIJA DASH

The Bank, as a 'State' under Article 12, must exercise discretion with reasonableness and fairness. The denial of a further opportunity for confirmation test to the writ petitioner, despite physical challenges and the prior grant of relaxation to another similarly situated employee, was discriminatory and violated Article 14. The Bank's policy must be applied fairly, not arbitrarily or capriciously. The writ petitioner was entitled to reinstatement and 50% back wages.

Parties
Appellant/respondent: Punjab National Bank by Chairman & Anr.; Respondent/appellant: Astamija Dash
Jurisdiction
India
Judgment Date
30 April 2008
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment Following Cross Appeals From High Court Decision
Outcome
Bank's appeal dismissed; writ petitioner's cross-appeal allowed
Legal Topics
Confirmation of Service, Termination of Employment, Discrimination, Doctrine of Reasonableness, Fairness, Equality Before Law
Service Law Constitutional Law Confirmation of Service Termination of Employment Discrimination Doctrine of Reasonableness Fairness Equality Before Law

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Parties

Punjab National Bank by Chairman & Anr.

Appellant/respondent

Astamija Dash

Respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment Following Cross Appeals From High Court Decision

Legal Issues

  1. 1 Whether the termination of a management trainee for failing confirmation test and denying additional opportunity was valid under Service Regulations and constitutional principles of fairness and equality.
  2. 2 Whether discriminatory treatment vis-a-vis similarly situated employee violates Article 14.
  3. 3 Whether the Bank's discretion in granting opportunities for confirmation test is arbitrary.

Ratio Decidendi

The Bank, as a 'State' under Article 12, must exercise discretion with reasonableness and fairness. The denial of a further opportunity for confirmation test to the writ petitioner, despite physical challenges and the prior grant of relaxation to another similarly situated employee, was discriminatory and violated Article 14. The Bank's policy must be applied fairly, not arbitrarily or capriciously. The writ petitioner was entitled to reinstatement and 50% back wages.

Court Disposition

Bank's appeal dismissed; writ petitioner's cross-appeal allowed

Orders

  • Writ petitioner Astamija Dash to be reinstated forthwith with 50% back wages.
  • Costs awarded; Counsel's fee Rs.50,000/- assessed.