S. Rafat Alam, J. - (1.) In the instant writ petition the sole petitioner has come up for issuance of a direction in the nature of mandamus commanding the respondents to treat him on probation with effect from 14.5.1986 and also to pay his emoluments accordingly. A further prayer has been made for quashing the order of the Divisional Manager dated 4.8.1986 terminating petitioner's service as Apprentice Development Officer and for a direction to put the petitioner on probation. A prayer for quashing Rule 6.1 of the Life Insurance Corporation of India (Apprentice Development Officers) Recruitment Scheme, 1980 has also been made.
(2.) Heard Sri Shashi Kant Gupta, learned Counsel for the petitioner and Sri Manish Goyal, learned Counsel for the respondents.
(3.) The short facts giving rise to the writ petition, stated in brief, is that the Life Insurance Corporation of India vide advertisement dated 22.11.1984 invited applications for the selection of Apprentice Development Officer for urban areas as well as rural areas under Life Insurance Corporation of India (Apprentice Development Officers) Recruitment Scheme, 1980 (hereinafter referred to as Scheme of 1980). The petitioner, pursuant to the aforesaid advertisement, also applied along with others on 13.12.1984. The petitioner appeared in the written test as well as in the interview and having been qualified was offered appointment as Apprentice Development Officer vide letter dated 13.5.1985 (Anneuxre-2 to the writ petition) for a period of one year commencing from 15.5.1985 on a stipend of Rs. 600/- per month. It was also incorporated in the letter of appointment/selection that on completion of apprenticeship period, if his work and conduct is found satisfactory, he will be appointed as Development Officer on probation on a monthly basic salary of Rs. 250/- and such other allowances as are admissible in accordance with the Staff Regulation. Paragraph 4 of the selection letter provides that during the period of apprenticeship, he shall be liable to be discharged from service without any notice. Paragraph 6 provides that his appointment during the apprenticeship period shall be governed in all respect by the terms and conditions set out in the Scheme of 1980. Paragraph 8 provides that in the event of acceptance of offer, the duplicate copy of the letter of appointment, after affixing the signature thereon, as token of acceptance of the terms and conditions of appointment, was to return to the Corporation. Paragraph 9 also provides that if he accepts the offer he is required to report to the instructor of training centre at Divisional Manager, Agra on 15.5.1985 at 10 am. The petitioner being fully aware of the terms and conditions of his selection accepted the same and joined the training on 15.5.1985. However, when he was undergoing training it was detected that he deliberately withheld material information in the application form dated 13.4.1985 and, therefore, in terms of the letter of appointment by the impugned order dated 4.8.1986 his service as Apprentice Development Officer was terminated with immediate effect. Hence this writ petition.;