LAWS(GJH)-1991-7-2

DILIPSINHJI D RATHOD Vs. VIJAYSINH PARMAR

Decided On July 04, 1991
DILIPSINHJI D.RATHOD Appellant
V/S
VIJAYSINH PARMAR Respondents

JUDGEMENT

(1.) The petitioner was appointed to the post of Information Assistant in the pay-scale of Rs. 425-700.00 on probation for a period of one year vide order, dated 30/07/1984. He resumed his duties on 7/08/1984 and as per the order of his appointment the period of probation expired on 6/08/1985. It is required to be noted that in absence of rules providing to the contrary, simply because period of probation expired, the petitioner did not become a regular employee permanently absorbed and so long as he was not confirmed he continued to be a probationer.

(2.) On 19/12/1985 the respondent communicated to the petitioner adverse remarks for the period commencing from 7/08/1984 to 31/03/1985. The said adverse remarks are reproduced hereinbelow :

(3.) The petitioner made representation against said adverse remarks on 2-1-1986 and, inter alia, submitted that since his appointment was new he has performed his duties as per his ability under the instructions received by him from time to time from his superior officer. He has further stated that he would continue to perform his duties with ability and as per the instructions given to him from time to time. From his reply it appears that he rightly considered this letter, dated 19-12-1985 as one of appreciation and he promised to the reporting officer that he would work as per his ability and under the instructions of his superiors.