Facing Termination After Probation: How to Handle Unresolved Issues with Employers?

I joined XXX Bank as a PO on 01.03.2011 with a 2-year probation period. At the time of joining, I did not disclose details about a pending case as it was falsely filed against me by the relatives of a girl whom I was supposed to marry. In December 2012, I received a showcase from the bank regarding the pending case. I informed the bank that I would settle it in court at the earliest and resolved it in January 2013, submitting the details to the bank. I also passed the confirmation test. However, in April 2013, my probation was extended for 6 months, citing poor performance but without mentioning the pending case. By February 2013, the two-year probation period was over. In May 2013, I was terminated. Please help me.

Applicability of Civil Service Rules to SBI Employees

1. Sir, please examine which of the civil service rules are applicable to employees of SBI. For example, in respect of Central Government employees, Civil Services Conduct or other service rules are applicable. Accordingly, service disputes of central government employees are settled by the Central Administrative Tribunal (CAT).

Finding the Right Forum for Service Disputes

2. Similarly, you can find the right forum to ventilate and take up your case. However, in my opinion, you are also required to follow the procedure laid down in such cases of termination from service as applicable to SBI employees since Honorable Courts will not interfere unless the remedies available in the service rules are exhausted at your level.

Action Taken Over the Past Two Years

3. A period of about 2 years has already passed, and you have not disclosed in your remarks what action you have taken during these years.

The particulars furnished are in bits and pieces. Since the date of joining is 01-03-2011, a two-year probation would normally end on 28-02-2013. However, you've stated that the probation was extended for 6 months in April 2013 due to under-performance, but you were terminated the next month, i.e., May 2013. It seems to be a case of discharge of a probationer on the grounds of unsatisfactory performance. The unexplained gaps about what happened in March 2013 after the normal closure of the probation period in February 2013 and after the extension of 6 months from April 2013, and why the termination occurred the next month in the middle of the extended period, i.e., May 2013, are a bit confusing. It would be better to throw some light on these.

Probation Extension and Termination Concerns

Mr. Umakanthan, I believe the letter requesting an extension for probation was issued in April '13, but the extension itself was effective from February '13. This practice is quite common in PSUs/Government enterprises. I also suspect that the termination was not primarily due to performance reasons but rather because of the undisclosed pending case, which was viewed as a breach of trust.

The author of the post should also elaborate on the actions taken post-termination up to the present. Since the case was settled before the termination, our legal experts can determine the feasibility of pursuing litigation against SBI.

It appears the case against you in a marriage proposal has triggered the extension of your probation. During the extended period, they resorted to termination without mentioning the suit but used the "poor performance" card.

Defining "Poor Performance"

How is "poor performance" defined in your situation? Did you receive any warnings, either orally or in writing? This situation is linked to your recruitment rules, and we need to study your case with these rules in mind. Probation rules often become a tool for employers to dispense with unwanted probationers. If you have any documentary proof to defend yourself, you can try to use it according to the rules; otherwise, it becomes a legal battle filled with uncertainties.

Communication and Settlement

Perhaps you should have informed the bank about the "settlement" you reached in the marriage proposal case in a timely manner, which might have resolved the issue. Did you not anticipate this extension before it was communicated to you? By extending the probation, the bank tried to justify their action by subsequently terminating you.

Addressing the Issue

Now, after the lapse of two years, why have you taken up the issue at this point? All said and done, you have limited chances of reclaiming your appointment since it's a matter of "termination during the probation period." However, the world doesn't end with this; look for better avenues to overcome this setback.

Regards