M.KATJU, J. - (1.) THIS writ petition has been filed against the impugned reversion order dated 15 -12 -2000 Annexure -11 to the writ petition by which the petition has been reverted from the post of Deputy Manager to Assistant Manager in F.C.I. The petitioner has also challenged the consequential order dated 24/28 -11 -2000 Annexure -13 to the writ petition. We have heard the learned Counsel for the parties.
(2.) THE petitioner was promoted as Assistant Manager in the service of the respondents in 1977. He was promoted as Deputy Manager vide order dated 21/22 -4 -1999 Annexure -4 to the writ petition. A perusal of this order shows that the promotion was provisional and was on probation for a period of one year with effect from the date he assumes the charge. It could be extended by a further period not exceeding one year and would be subject to any direction given by the Court in the matter referred to in the order dated 31 -3 -1999 issued by the Head Quarter Office as well as the order by the Regional Manager, F.C.I., Lucknow dated 13/16 -4 -1999. Copy of the order dated 13/16 -4 -1999 is Annexure -5 to the writ petition. Copy of the order dated 31 -3 -1999 is Annexure -6 to the writ petition. The order dated 31 -3 -1999 states that the provisional promotion of the petitioner to the post of Deputy Manager is subject to the condition that the promotion is subject to the final result of the writ petition against the order dated 12 -11 -1996 in Writ Petition No. 7979 of 1994 pending in Punjab and Haryana High Court, Writ Petition No. 2409 of 1999 pending before Delhi High Court and S.L.P. No. 8766 of 1998 pending before the Supreme Court. Clause (c) of the order dated 31 -3 -1999 states that the promotion is also subject to further review once the matter of seniority is decided by the various Courts and reaches its finality. The petitioner joined in pursuance of the promotion order on 4 -5 -1999 as Deputy Manager vide joining report at Calcutta Annexure -7 to the writ petition. It is alleged in Paragraph 14 of the writ petition that the petitioner fell ill and hence he had to proceed on leave and came back at Kanpur after applying for medical leave. It is alleged that the petitioner had to undergo surgery vide Annexure -9 to the writ petition and was advised to take rest from 5 -12 -2000 to 14 -1 -2001. It is alleged that the petitioner's medical bills were reimbursed by the F.C.I. vide Annexure -10 to the writ petition. The petitioner remained on medical treatment from 28 -10 -2000 to 28 -11 -2000 and also extended leave on medical grounds. The petitioner was again advised for operation of prostrate and this was communicated by the petitioner by telegram dated 7 -11 -2000, 21 -11 -2000 and 30 -11 -2000. Thereafter the petitioner received a telegram dated 15 -12 -2000 stating that he has been reverted to the post of Assistant Manager vide order dated 28 -11 -2000 and was directed to report at F.C.I. Zonal Officer (North), New Delhi. True copy of the telegram is Annexure -11 to the writ petition. By communication dated 15 -12 -2000 the order dated 24/28 -11 -2000 has been communicated to the petitioner for reverting him. True copy of the orders dated 24/28 -11 -2000 and 15 -12 -2000 are Annexures 12 and 13 to the writ petition. It is alleged that no opportunity of hearing was given to the petitioner before passing the impugned order. It is further alleged that there is no complaint whatsoever regarding the work and conduct of the petitioner as Deputy Manager. In paragraph 26 of the writ petition it is stated that the competent authority has not passed any order of extension of the period of probation beyond one year and hence the petitioner should be deemed to be confirmed as Deputy Manager. Hence this petition.
(3.) A counter -affidavit has been filed on behalf of the respondents 1, 2 and 3 by the Joint Manager/Regional Manager, F.C.I., Lucknow. In paragraph 4 of the same it is stated that the petitioner was promoted as Deputy Manager on provisional basis. The promotion order dated 31 -3 -1999 was on the terms and conditions which provide that such promotion dies not bestow any claim for seniority and confirmation on the post during the pendency of the litigations mentioned in that order. Similarly the probation period of one year which could be extended for not more than one year was subject to any direction that may be given by the Court in the aforesaid litigations. The probation period is governed by the Regulation 15 (2) of the F.C.I. Staff Regulation, 1971 and the petitioner's promotion was subject to the conditions mentioned therein. In paragraph 6 it is stated that it is open to the competent authority to revert the petitioner if his performance during the probation period was found unsatisfactory. It is stated in paragraphs 9,11 and 12 of the counter -affidavit that the petitioner work was unsatisfactory during his probation period. The first two probation reports received from the Regional Office, Patna/Zonal Office, Calcutta were considered and the petitioner's performance was found unfit in the first probation report and average in the second probation report. A decision was taken by the Managing Director, F.C.I. to call for a third probation report to decide whether the petitioner should be continued as Deputy Manager or not. The third probation report received from the Zonal Office, Calcutta also states that the petitioner was unit and his work was unsatisfactory. Hence after considering the third probation report it was decided to revert the petitioner to the post of Assistant Manager. It is stated that no opportunity of hearing had to be given to the petitioner before reverting him as his promotion was on probation and he was never confirmed.;