M.C. Tripathi, J. - (1.) Sanjiva Singhal is before this Court for assailing the validity of the order dated 19.10.2006 as communicated to the petitioner on 01.12.2008 issued by the Dy. General Manager (Class -II Cell) New India Assurance Company Ltd., Mumbai (respondent No. 2) by which the petitioner has been reverted to Class -II cadre of Development Officer, Grade -I (Marketing).
(2.) Brief facts giving rise to the present writ petition are that the petitioner was working in Class -II cadre of Development Officer Grade -I (Marketing) and was posted at Distt. Ghaziabad. By an order dated 15th March, 2004, he was granted promotion to the cadre of Asstt. Administrative Officer with development assignment and he was posted at NOIDA Division Office. It was provided in paragraph 4 of the aforesaid order that during the period of probation the petitioner was liable to be reverted to his lower post at any time without notice. In paragraph 3 of the aforesaid order it was provided that the petitioner shall be placed on probation for a period of one year. The probation period may be extended at the discretion of the management but in no case the total period of the petitioner's probation would exceed two years. In order to appreciate the controversy in hand, the relevant portion of the promotion and posting order dated 15.3.2004 is reproduced as under: - - "Re: Promotion & Posting Order - Assistant Administrative Officer. 1. Please refer to our circular Dt. 12.1.2004 regarding Ranking List for promotion of Devi. Officers Grade I to the cadre of Assistant Administrative Officer. 2. We are pleased to inform you that you are selected for promotion to the cadre of Assistant Administrative Officer with Development assignment. You are posted at NOIDA DO 323100, Delhi RO II and are required to take charge in the promoted cadre at an early date, but within 30 days from the date of receipt of this letter and report for duty as advised below. Divisional InchargeNoida DO 323100 3. Please note that your promotion can become effective on your taking over charge in the promoted cadre from which date you will be placed on probation for a period of one year. The probation period may be extended at the discretion of the Manager, but in no case the total period of your probation shall exceed two years. 4. During the period of probation you are liable to be reverted to your lower post at any time without notice. 5. During the period of your probation, you are required to undergo training as decided by the Management and your confirmation in the promoted cadre will be among other things, subject to satisfactory performance during the training. If necessary such training may be conducted before and after office hours. 6. Fixation of salary on promotion: As per the Promotion Policy for Development Officers, an employee on promotion shall have an option to select a date ranging between the date of taking over charge in the promoted cadre and the date of next annual grade increment in the pre -promoted cadre, from which date basic salary is to be fixed in the promoted cadre. You are, therefore, requested to advise the RO/DO Incharge your date of option to determine your salary fixation in the promoted cadre, within a fortnight from the date of your taking charge of this appointment."
(3.) Pursuant to the aforesaid order dated 15.3.2004 the petitioner joined in the promoted cadre on 22.4.2004. It is averred that as per the promotion order the aforesaid period of promotion of the petitioner automatically came to an end on 21.4.2006, whereafter the petitioner would be deemed to have been confirmed in the promoted cadre. It is specifically submitted in paragraph 7 of the writ petition that the respondent authorities did not pass any order extending the period of probation of the petitioner beyond one year. However, taking into consideration the fact that a maximum period of two years of probation was provided in the promotion order, the petitioner would be deemed to have been confirmed on the promoted post w.e.f. 22.4.2006.;