MAHAVEER BHAWSAR Vs. THE CHAIRMAN CUM MANAGING DIRECTOR, RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ORS.

JUDGEMENT

(1.) THE case of the petitioner is that he was working on the post of Conductor with the respondent - RSRTC for about 12 years. Let he has been treated as a probationer and removed from service without any inquiry. It has been submitted that under Clause 8 of the Rajasthan State Road Transport Workers and Workshop Employees Standing Order, 1965 (hereinafter 'the Standing Order of 1965') the period of probation in respect of drivers and conductors is two years extendable by a maximum of six months. And the petitioner's confirmation was not subject to passing of any trade test or departmental examination. Consequently he was entitled to be confirmed at the end of 2 -1/2 years of a probation but was not so arbitrarily. And no order of confirmation was passed. Yet in terms of Standing Orders of 1965 the petitioner cannot be treated as a probationer.

(2.) IT has been prayed that the order of termination dated 7.1.2015, wrongly treating the petitioner as a probationer trainee without conducting any enquiry compliant with natural justice be declared null and void and it be directed that the petitioner is entitled to be confirmed on the post of Conductor and granted regular scale of pay looking to the fact that he has worked for about 12 years on fixed remuneration on the post of Conductor after regular appointment on compassionate grounds following the death of his father on 17.12.1998 when he was in service of the respondent RSRTC.

(3.) HEARD . Considered.