- (1.) Leave granted.
(2.) Appellant was employed as a Chowkidar by the respondent No.3. He applied for his appointment to the said post of Chowkidar upon having come to learn that the same was lying vacant. Respondent No.3 had issued an offer of appointment in his favour on or about 3rd August, 2002. His appointment was to be on probation for one year and subject to approval of Director of Public Instructions Pnnjab, Chandigarh. He was, however, relieved from his duties with effect from 28th July, 2003 on the premise that his services were no longer required by the College.
(3.) He served a legal notice upon the authorities of the College as also the Director of Public Instructions. Respondent No.3 in reply to the said notice on the Advocate of the appellant dated 20th October, 2003, inter alia stated :- "3. Ref. to para No.3 your client was appointed as chowkidar on 3.8.2002 after retirement of Shri Ram Bahadur on 31.3.2002 with the pay scale of 2620 + DA & other allowances as per Govt. rate. Ref. to your points under para No.3, it is stated that his case was sent to the DPI (C) Punjab, Chandigarh for approval but the same was rejected by the DPI (C) Punjab, Chandigarh due to non-clearance of Punjabi as a subject in 8th Std. vide letter No.2314 grant II, dated 28.3.2003. 4. Ref. to para No.4 as stated earlier that his approval for the post of chowkidar was rejected by the DPI (C), Punjab, Chandigarh vide above said letter no. due to non- clearance of Punjabi as a subject in 8th Std. & no grant was received for his post till date from the DPI (C), Punjab, Chandigarh and the college has made the payment of his salary by Managing Committee account. Thus there is no question of his extension of probation at this stage." ;