K.S. Varma, J. - (1.) BY annexure -1 to the writ petition Petitioner was appointed as Junior Seed Certification Assistant and he was required to undergo practical job training at Ovine Ballabh Pant University at Neonatal. For this purpose he was required to report on 9th January, 1978. The name of the Petitioner appears at serial No. 16 of annexure -1. Annexure -2 indicates that the Petitioner was promoted to the higher post of Seed Certification Assistant in the higher scale in 1979. The services of the Petitioner are governed by U.P. Rajah Beej Pramani -karan Saistha General Service Regulations. Rule 22(1) and 22(2) of the said Regulations provides as follows: 22(1). An employee appointed directly for the first time against a regular post shall be placed on probation for a period of two years and a promoted candidate for a period of one year from the date of joining the new post. Provided that the Board may in exceptional cases such as the appointment of experts and the like waive the requirement of probation. (2) The performance of the employee in the new post will be watched during the period of probation and the Appointing Authority may extend the period not exceeding one year without assigning any reason there for.
(2.) FROM a perusal of the above rules, it is obvious that the initial appointment has to be on probation for two years and the performance of the employee concerned was to be watched during the period of probation. The Petitioner was so appointed. Thereafter he was appointed on probation on the promotion post for one year. The rule further provides that the appointing authority may extend the period of probation for a period not exceeding one year. The Petitioner's services were terminated by annexure -3 which indicates that the Petitioner had become regular appointee and his services were dispensed with on giving three months' notice. on this connection reference may be made to Rule 25(2) and 25(3) which reads as follows: 25(1).... (2) Unless otherwise agreed upon in writing between the Sancta and the Regular Employee, the Sancta shall be entitled to terminate the services of an employee without assigning any reason on giving him not less than 3 months notice in writing or an payment of a sum equivalent to the amount of salary for the period of notice, or as the case may be, for the period by which such notice falls short of the said period of 3 months. (3) The services of employees other than regular employees can be terminated at any time without assigning any reason by giving him one month's notice or pay and allowances in lieu thereof. A close analysis of the Rule 25(2) and 25(3) indicates that a person who has become a regular employee his services may be dispensed with on 3 months' notice or pay in lieu thereof. Any other employee may be dispensed a one months notice or, pay in lieu thereof. In these circumstances it is obvious that the Petitioner was treated as a regular employee as his services were terminated after giving him three months' notice or pay in lieu thereof. On the facts stated above, it is contended on behalf of the Petitioner that the Rule 25(2) is invalid and is liable to be struck down in view of the principles enunciated by the Hon'ble Supreme Court in West Bengal Electricity Board v. Dens Bandhu Ghosh, Ask, 1985 SC 722. The Supreme Court had an occasion to consider a similar rule and the rule was struck down on the ground that a rule of this nature is arbitrary and the power conferred is discriminatory. In our opinion, the decision of the Supreme Court applied on all fours to the facts of the instant case and the order of termination annexure -3 deserves to be quashed on the ground that the Petitioner has been treated as a regular employee. If that is so, the contention that his services are terminable on three months' notice or pay in lieu thereof is illegal and deceives to be struck down.
(3.) THE writ petition is accordingly allowed and the order of termination is quashed. The Petitioner shall be deemed to be in service and shall be paid his salary regularly every month including arrears of salary with effect from the date of the order of termination till date. It shall be paid to him within one month from the date of communication of this order to the opposite parties by the Petitioner.;