% 02.03.2021 This matter is being heard through Video-Conferencing.

1. This petition has been filed by the petitioner with the following prayers:-

2. It is a conceded case that the petitioner was Court-Martialled and was dismissed from service. The petitioner has challenged his dismissal before the Armed Forces Tribunal, New Delhi vide OA (Appeal) No. 388/2020. It appears that the State Bank of India has issued an advertisement for making appointments to the post of Junior Associate (Customer Support & Sales) for which the petitioner had applied.

3. It is the case of the petitioner that he has received a selection letter on January 07, 2021, from the SBI. He was shortlisted for fulfilling other requisite formalities, which was duly completed by him. In fact, a communication was also issued directing him to report to the SBI Branch, Rehan, Code No.13701. He had reported for duty when the petitioner was asked to leave the branch by the SBI and his continuance in the post has been subjected to the condition that the matter is sub-judice before the AFT, New Delhi.

4. It is averred in the petition that a direction be issued to the respondents to restore the petitioner to the post of Junior Associate (Customer Support & Sales) with all consequential benefits or in the Signature Not Verified Digitally Signed By:ANIL KUMAR Signing Date:03.03.2021 18:24:50 alternative direct the respondents to keep one vacancy for the petitioner till the finalization of the OA before the AFT, New Delhi.

5. I am afraid such reliefs cannot be granted for the simple reason that the petitioner has been dismissed from Army. It is doubtful whether the petitioner can be considered as an ex-serviceman. If he is not an ex- serviceman, he was not eligible for the post of Junior Associate. Till such time, the petitioner succeeds in the petition before the AFT, New Delhi, no relief, as sought for by the petitioner in this petition can be granted. If the petitioner succeeds in his petition before the AFT, New Delhi, he can seek such remedy as available in law.

6. The petition is closed.

V. KAMESWAR RAO, J MARCH 02, 2021/ak Signature Not Verified Digitally Signed By:ANIL KUMAR Signing Date:03.03.2021 18:24:50