RE: Recruitment of Probationary Officers.
We refer to your letter no. ………………. dated 12 October 2006 on the above subject.
On perusal of your letter it appears that Bank 1 (“BANK 1”) on 27.02.06 gave an advertisement in the NEWSPAPER for the appointment of Probationary Officers. The period of probation is one year with monthly remuneration of Tk. 10,000/- only (consolidated) during the remuneration period. After completion of the probationary period the Probationary Officers were to be confirmed as Officers grade – I in the scale of pay of Tk. 6000-350-8100-13700/- with other allowances and benefits.
In the meantime the initial scale of Officer Grade – I has changed from Tk. 6000-350-8100-13700/- to Tk. 8000-550-1130-600-17900/-.
In response to the newspaper advertisement a good number of applications were received from which eligible candidates were called to appear in a written test. A merit list of the written test was prepared. From the top of the merit list 240 candidates were called for viva-voce and the successful candidates have been appointed as Probationary Officers who after successful completion of the probation period will be absorbed as Officer Grade – I with the new scale of pay.
Now, BANK 1 has further decided:
1. to recruit a few further candidates from the top of the remaining merit list on the basis of the result of the written test and viva-voce as Probationary Officers, who will be absorbed as Officer Grade – I; and
2. to recruit 100 (one hundred) additional number of Probationary Officers to be absorbed in the lower grade, i.e. in the grade of Officer Grade – II (in the scale of pay of Tk. 6300-400-8300-500-13300) from the top of the remaining merit list of the written test after taking viva-voce. The consent of the concerned candidates with regard to offering post in the lower grade to be obtained before issuing appointment letter.
In these circumstances, you require our legal opinion regarding appointment of the additional 100 Probationary Officers who after successful completion of the probationary period will be absorbed as Officer Grade – II.
According to law, the newspaper advertisement in the NEWSPAPER given by BANK 1 was an invitation to treat for the appointment of Probationary Officers to be absorbed as Officer Grade – I. Offers of employment were made to the eligible applicants who satisfied BANK 1 in the written test and viva-voce and recruitment of Officer Grade – I was thereafter closed.
As the advertisement in the NEWSPAPER was an invitation to treat for the appointment of Probationary Officers to be absorbed as Officer Grade – I, BANK 1 can rely on the advertisement for the appointment of Probationary Officers to be absorbed as Officer Grade – II, if it is expressly inform the remaining applicants on the merit list selected by BANK 1 that the offer for employment relates to recruitment of Officer Grade – II
This offer should be given before taking the viva-voce and should be given by a written letter posted to the addresses of the remaining applicants on the merit list.
Additionally, the letter should inform the recipients that the recruitment of applicants, for Probationary Officers to be absorbed as Officer Grade – I, has ended but BANK 1 is offering the letter receiver the opportunity to be appointed as Officer Grade – II; if the applicant consents to the offering of post in the lower grade with the scale of pay of Tk. 6300-400-8300-500-13300 then he should attend the viva-voce on a certain given date.
So it is our opinion that there are no legal restrictions in recruiting 100 additional Probationary Officers, to be absorbed as Officer Grade – II, from the remaining merit list provided that it has been expressly notified to such candidates that the post offered is a lower grade post before taking their viva-voce.
If you have any further inquiries please do not hesitate to contact us.
For: “The Lawyers & Jurists”