Ajay Jaiswal vs Union Of India on 11 May, 2010

                            WP No.2106/2010(S)

Ajay Jaiswal                              Union of India and others.
                                 ( 1)




 11.5.2010.

       Shri Akash Choudhary, counsel for the petitioner.
       This petition is directed against an order dated 6th Feb.2009
by which the Central Administrative Tribunal, Jabalpur Bench,
Jabalpur dismissed the Original Application No.412/2007 filed by
the petitioner against the termination order dated 19.6.2006
(Annex.A/13) of the applicant.
       The learned counsel for the petitioner submitted that the
petitioner     was   appointed     on   compassionate     ground.      His
performance during probation period though was recorded as
'average', but the petitioner was improving. However, without
considering this aspect, the petitioner's services were terminated
and the Tribunal without considering this aspect has dismissed
the original application.
       From the perusal of the record, we find that the petitioner's
father G.P.Jaiswal was working as Machinist (Skilled) in Vehicle
Factory, Jabalpur. He died in harness on 10.7.1998.At that time,
the petitioner was minor. On attaining majority, the petitioner was
appointed as L.D.C on compassionate ground vide order dated
24.10.2001. The petitioner was appointed for a period of two
years on probation However, the period of probation was
extended from time to time and lastly vide order dated
24.11.2005.      Since his performance during the probationary
period was not found satisfactory, his services were terminated
vide order dated 19.6.2006., which was challenged before the
Tribunal.
       Before the Tribunal, the respondents filed reply in which it
was stated that because performance of the petitioner was below
average and there was no sign of improvement inspire of
repeated advice to the petitioner, his services were terminated.
The Tribunal considered this aspect at length. And relying on the
                          WP No.2106/2010(S)

Ajay Jaiswal                               Union of India and others.
                                 ( 2)




judgment of the Apex Court in                 Oil and Natural Gas
Commission vs. Dr. Md.S.Iskander Ali, AIR 1980 SC 1242
found that no case was made out for interference in the order of
termination and dismissed the original application.
        Though the learned counsel for the petitioner tried to assail
the aforesaid order, but was unable to show               that during the
period of extended probation, performance was not satisfactory
and was below average and in spite of issuance of repeated
advice, the petitioner had not shown any improvement                    then
whether it was incumbent on the part of the respondents either to
extend the period of probation or to continue the services of the
petitioner. Nothing has been stated except that the respondents
ought to have extended one more opportunity to the petitioner to
improve.
        The apex Court in various judgments considered this
aspect and held that a probationer is on test and if his services
are found not be satisfactory, the employer has, in terms of letter
of    appointment,   a   right    to    terminate   the   services.     See
Krishnadevaraya Education Trust and another vs. L.A.
Balakrishna (2001)9 SCC 319.
        In the light of the aforesaid settled position of law, if the
respondents have terminated the services of the petitioner during
period of probation, no fault is found. This petition is found without
merit and it is accordingly dismissed with no order as to costs.


.

(Krishn Kumar Lahoti) (G.S.Solanki)
Judge Judge

JLL
WP No.2106/2010(S)

Ajay Jaiswal Union of India and others.

( 3)