ZILA PARISHAD SHAHJAHANPUR Vs. KRISHNA MURARI DIXIT

JUDGEMENT

(1.) K. S. Rakhra, J. This is a writ petition under Article 226 of the Constitution of India challenging the judgment and order dated 16-1-1989 passed by the U. P. Public Services Tribunal-Ill, Lucknow allowing the claim petition of the opposite party No. 1 and setting aside the order of termination of his services.

(2.) WE have heard the learned Counsel for the parties.

(3.) THE Tribunal was of the opinion that after expiry of one year probation period prescribed under Rule 28 of the U. P. Zila Parishad Service Rule, 1970, the probation could be extended only by a written order because the Rule provided that the Appointing Authority may in special cases, extend the probation for a total period not exceeding one year. It was further of the opinion that the termination order, passed almost 11 months after expiry of period of probation was bad as it was not passed within a reasonable time after expiry of one year probation.