Court No. - 29
Case :- WRIT - A No. - 23078 of 2016 Petitioner :- Manoj Kumar Singh Respondent :- The Central Administrative Tribunal Allahabad And 3 Others Counsel for Petitioner :- Shailendra Prakash Pandey,Anand Prakash,Hritudhwaj Pratap Sahi,Vijay Kumar Singh Counsel for Respondent :- A.S.G.I.,Ankit Kr.Tiwari,Brajesh Pratap Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri H.P. Sahi, learned counsel for the petitioner.
The petition is directed against the judgement and order dated 11th March, 2016 passed by the Central Administrative Tribunal, Allahabad.
The petitioner was working on the post of Electrician-cum- Plumber in Jawahar Navodaya Vidyalaya, Chandauli and his services were terminated vide order dated 28.07.2014/31.07.2014. These orders were challenged by him before the Tribunal and the application has been dismissed.
The appointment of the petitioner was on probation for a period of two years which could have been extended by the competent authority. The services of the petitioner were terminated simpliciter during the probation period.
In view of the termination simpliciter, no departmental enquiry was necessary before terminating the services of the petitioner.
The submission that the petitioner was deemed to have been confirmed as the probation period was not extended specifically is no longer res-integra in view of judgement of Apex Court in the case of Rajinder Singh Chauhan and Others Vs. State of Haryana and Others 2005 (13) SCC 179.
In the aforesaid case, it has been held that where in the service rules or in the letter of appointment a period of probation is specified and power to extend the same is also conferred upon the authority without prescribing any maximum period of probation and if the officer is continued beyond the prescribed or extended period, he cannot be deemed to be confirmed. This exactly is the position in the present case and the petitioner would not be treated as confirmed.
In view of the aforesaid facts and circumstances, as the petitioner was not a confirmed employee, the termination of his services simpliciter is not bad and it is not necessary to hold any departmental enquiry before passing the termination order.
In view of above, there is no merit in the writ petition and the same is dismissed.
Order Date :- 31.7.2019 Sattyarth