SANJAY TIWARI Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Concededly, (after the termination of the petitioner-which is presently not under challenge), his fresh appointment to the relevant post was decided vide appointment memorandum dated 05.06.1991 (Annexure P/5). Vide resolution dated 27.06.1991(Annexure P/6), it was announced to the fresh appointees (including the petitioner) that "they should not be allowed any further chance if they fail to qualify the prescribed test/Exam within the stipulated period". In pursuance of Annexures P/5 and P/6, appointment order dated 10.07.1991 (Annexure P/7) was issued. In pursuance thereof, he joined on 12.07.1991.

(2.) In that view of things, on the own showing of the respondents, the petitioner had time up to 12.07.1993 at his disposal to clear the departmental examination. However, his services were terminated in the year 1992 vide Annexure P/8 dated 19.05.1992 and Annexure P/9 dated 21.05.1992.

(3.) The rules then prevalent (circulated vide letter dated 09.03.1990) provided that the persons holding the post of the category of the petitioner could clear departmental examination within two years from the date of the appointment. ("An incumbent so recruited, shall be appointed as Divisional/Revenue-Account (Trainee) for a period of one year on regular pay scale of the post. After completion of successful training he shall have to qualify the Departmental Examination of Divisional/Revenue Acctt. within a period of two years or in 3 successive chances whichever is earlier from the date of their appointment as Divisional/Revenue Accountant, failing which his services, shall be terminated/dispensed with after the expiry of the prescribed period or chances, without notice and without assigning any reason".)