C. M. RATHOD Vs. GUJARAT MARITIME BOARD

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The petitioner after due process of selection was appointed as Port Officer by order dated 4-1-1994 on a probation for a period of two years. He joined the duties on 10-1-1994.; The said probation period of two years came to be over on 9-1-1996. However, after more than a year by order dated 20-3-1997 the period of probation was extended till 9-7-1997 with retrospective effect. The petitioner made a representation in this regard on 11-4-1997. The probation period was further extended till 9-1-1998 by order dated 8-7-1997. Further extension was given by order dated 9-1-1998 for a period upto 9-3-1998. The services of the petitioner were terminated by the impugned order dated 7-3-1998 as in the opinion of the respondent his services were not satisfactory during the said period of probation.

(3.) It is contended by Mr. Paresh Upadhyay, learned Counsel for the petitioner that the order of termination is ex facie illegal as the petitioner deemed to have been confirmed on completion of two years' probation; i.e. on 9-1-1996. It is also contended that in any case the period of probation could not have been extended for a further period not exceeding two years. In this regard he has referred to Rule 10A of the Gujarat Civil Services Classification and Recruitment (General) (Amendment) Rules, 1994 (hereinafter referred to as the "Rule of 1994"). On the other hand it is contended by Ms. Mandavia, learned Counsel appearing for the respondent that the petitioner's probation was extended from time to time and the last extension was upto 9-3-1998. All the extensions having been once accepted by the petitioner, it is not open for him to say now that the order of extension was wrong. The services of the petitioner was terminated before completion of the last extension which was given for a period upto 9-3-1998. Thus, according to Ms. Mandavia, there is no infirmity in the order of termination.