RAMKRISHNA MALLICK Vs. CENTRAL WAREHOUSING CORPORATION

JUDGEMENT

(1.) THE petitioner was promoted to the post of Executive Engineer (Civil) from the post of the Assistant Engineer with effect from 8th August, 2011 and was kept in probation for a period of one year. Undisputably Central Warehousing Corporation (Staff) Regulations 1986 is applicable and both the parties have interpreted the provisions therein in their own manner. Admittedly the petitioner was put on probation and was reverted back to his original post by memo dated 15.04.2014 as the authority did not find the performance of the petitioner at the promotional post satisfactorily.

(2.) ACCORDING to the petitioner, Regulation 10 thereof provides the maximum period of probation of two years and the petitioner having kept at the promotional post beyond the said maximum period shall be treated as deemed confirmation to such post and cannot be reverted back to his original post without taking recourse to recognize procedure applicable to the confirmed employee.

(3.) FROM the plain and simple reading of the aforesaid provisions, a person regularly appointed to any post by promotion shall be on probation for a minimum period of one year from the date of assumption of charge which is extendable by the appointing authority up to a further period not exceeding one year. The appointing authority is also given power to revert the employee to the lower post during the period of probation without giving any notice or providing any reason. The dispute which arose as the petitioner was allowed to remain in the promotional post beyond the period of two years and, thereafter, have been reverted back to the lower post by the appointing authority upon issuing the memorandum dated 15.04.2014.