S.K. ARORA, ASSISTANT ENGINEER, PUNJAB STATE AGRICULTRUAL MARKETING BOARD, FEROZEPUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) IS the act of the respondents terminating the services of the petitioner in the midst of probation period legal and justified, or not, is the short question which requires consideration in this writ petition ?

(2.) SHRI S.K. Arora -petitioner joined as Sectional Officer in the service of Punjab Public Works Department (B&R Branch) in the year 1974. During service, he improved his qualification and obtained AMIE in the year 1981. He worked as Sectional officer on officiating basis for seven and a half years. In the year 1981, he applied for the post of Assistant Engineer in the Punjab State Agricultural Marketing Board (in short "the Board") and he was selected and offered appointment to the post of Assistant Engineer (Civil) in PWD (B&R Branch) Public Health. His appointment was against the temporary post which was likely to continue and one of the terms of his appointment was that he would be on probation for a period of two years liable to be extended by another year, with a further rider that his appointment could be terminated by one month's notice.

(3.) THE petitioner, in the replication, has averred that Section 42 of the Punjab Agricultural Produce and Marketing Act (in short 'the Act') has no application to the facts and circumstances of the present case as this Section applies only in cases where orders have been issued under Sections 30 and 33 of the Act and his services have purportedly been terminated in accordance with his letter of appointment. No appeal, as alleged, has been provided under law and the only effective remedy available to him is the writ jurisdiction under Articles 226/227 of the Constitution of India.