UNION OF INDIA Vs. CHANDRA SWAROOP SRIVASTAV

JUDGEMENT

(1.) This is defendant's appeal against the judgment and decree dated 15.5.1992 in Civil Appeal No. 67 of 1985 arising out of Original Suit No. 721 of 1982 (Chandra Swaroop Srivastava vs. Union of India & others).

(2.) The plaintiff respondent instituted Original Suit No. 721 of 1982 for declaration that he became a regular employee of the defendant department and further relief sought was for reinstatement and payment of back wages. The plaintiff's case was that the plaintiff was appointed on the post of Labour on 3.5.1977 for a period of six months in the defendant department. Before the probation period expired on 2.5.1978 by the order dated 1.5.1978 it was extended for a period of six months i.e. 1.11.1978. However, on 23.9.1978 the petitioner was terminated from services during the extended period of probation.

(3.) The plaintiff contended that the termination order is illegal and is against the provisions of Article 311 of the Constitution of India. The suit was instituted after giving notice under Section 80 C.P.C. The defendant contested the suit and accepted the fact of appointment and extension of probation period for six months by order dated 1.5.1978. However, it was contended that as work of the petitioner was not satisfactory so the period of six months was extended in order to give him an opportunity to improve his working. During the period of probation, it was found that the petitioner has failed to show any improvement and as such by the order dated 23.9.1978, his services were terminated in accordance with law. The petitioner is not entitled for any salary after 23.9.1978. The termination order does not suffer from any illegality and requires no interference. The trial court on the basis of pleadings framed various issues. Relevant issues framed are given as under:-