S.H.A.Raza, R.D.Shukla, JJ. - (1.) This special appeal has been filed by the appellant against the judgment and order dated 1.4.1996 passed by Hon'ble the single Judge in Writ Petition bearing No. 8376 (SS) of 1988, who dismissed the writ petition.
(2.) Hon'ble the single Judge was of the view that the appellant, who was appointed on probation as Head Constable (Security Guard) in Sanjay Gandhi Post Graduate Institute of Medical Sciences (hereinafter called as S.G.P.G.I.M.S.), Lucknow, had no right to assail the order of termination simpliciter, if the assessment of the work was not found to the satisfaction of the authorities during the period of probation. The probationer has to establish his merit in a commendable manner so that he may be entitled for confirmation and further retention in service. Hon'ble the single Judge in that regard placed reliance upon the pronouncement of Hon'ble Supreme Court in Unit Trust of India and others v. T. Bijaya Kumar and another JT 1992 (6) SC 82.
(3.) After the writ petition was dismissed, the appellant filed the special appeal under Rule 5 of Chapter VIII of Rules of Allahabad High Court .;