K.K. Birla, J. - (1.) THE petitioner is aggrieved by the reversion order dated 22 -6 -1991. He was working as Junior Engineer in New Okhla Industrial Development Authority, Noida, Ghaziabad (hereinafter referred as Noida), since December 1979. He was promoted to the post of Assistant Project Engineer by order dated 21 -1 -1989. By the impugned order dated 22 -6 -1991 he has been ordered to be reverted to his original post of Junior Engineer with immediate effect. This order has been passed under Rule 20(2) Noida Service Regulations, 1981. The counter -affidavit and rejoinder -affidavit have been exchanged and the petition is disposed of finally at this stage. It has been contended by the learned counsel for the respondent that the petitioner has alternative remedy available before Service Tribunal. The counter -affidavit and rejoinder -affidavit hive been exchanged and in the circumstances I am of the opinion that it is not necessary to direct the petitioner to avail alternative remedy.
(2.) RULE 19 of the aforesaid Regulations inter alia provides that a promoted employee also shall be placed on probation of one year from the date of joining the new post and that this probation may further be extended for a further period not exceeding one year without assigning any reason therefore. Clearly enough the impugned order has been passed after several months of the expiry of extended period of probation of two years in all. Therefore, this order cannot be up -held. It is further clear that before passing this order no opportunity was given to the petitioner. In the case of Moot Chandra v. U.P. Financial Corporation, Kanpur,, 1991 (All) CJ 591 it has been held that employee becomes confirmed automatically after expiry of probation period. I, therefore, find that the impugned order of the reversion cannot be upheld. In the result the writ petition is allowed. The impugned order of the reversion dated 22 -6 -1991 is quashed. There will be no order as to costs. A copy of the order may be given on payment of usual charges within three days.;