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2005 Supreme(Ori) 407

P.K.MOHANTY, J.P.MISHRA
Astamija Dash – Appellant
Versus
Punjab National Bank – Respondent


Advocates:
For Petitioner:M/s. Jagannath Patnaik, H. M. Dhal, B. B. Ray, S. K. Patnaik and S. K. Satpathy
For Opp. Parties:M/s. B. B. Rath, B. Rath, J. N. Rath and S. Ghosh

JUDGMENT

P. K. MOHANTY, J. : The petitioner calls in question the order terminating her service in accordance with the terms and condi¬tions of appointment (Annexure - 3) and has prayed for the fol¬lowing reliefs :

“Under these circumstances the petitioner most humbly prays that this Hon’ble Court may be graciously pleased to pass a Rule Nisi calling upon the opposite parties to show cause as to why

(i) the order under Annexure-3 shall not be quashed;

(ii) it shall not be declared that the petitioner is deemed to be continuing in service under the opposite parties;

(iii) it shall not be declared that the petitioner is deemed to be confirmed in the Bank service on the expiry of 3 years form the date of her joining in the Bank services;

(iv) it shall not be declared that the confirmation test as postulated in Annexure-1 is ultra vires of the Bank’s Regulation, 1979 and the same cannot be enforced against the petitioner;

(v) the orders under Annexure-4 series dated 28.11.1990 and 18.3.1991 rejecting the appeal of the petitioner shall not be declared illegal;

(vi) it shall not be declared that the confirmation test held on 19.8.1990 is bad and illegal and the result thereof in respect of th






















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