D.N.Jha, J. - (1.) Lakshman Ram Kushwaha has directed this petition under Article 216 of the Constitution praying for quashing of the order of termination contained in Annexure 1 dated 31-3-1982.
(2.) At the stage of admission notices were accepted and counter affidavit had been filed. Rejoinder affidavit has also been filed on behalf of the petitioner, therefore, instead of passing a formal order of admission we are proceeding to hear the arguments on merit and disposing of this petition finally.
(3.) The petitioner after having successfully completed his training for the post of Secretary, Co-operative Societies, was appointed Secretary, Sadhan Sahakari Samiti, Pipri, by the District Administrative Committee in February, 1977. The petitioner was appointed admittedly on probation, but however, no confirmation order was issued to the petitioner. It is asserted that generally no confirmation orders are issued by the authorities to any person working as Secretary. Reference has been made to Rule 27 of the U. P. Primary Agricultural Co-operative Credit Societies Centralised Service Rules, 1976 (hereinafter to be referred as the Rules) made under Section 122-A of the U. P. Co-operative Societies Act, 1965. It may be mentioned that in pursuance of Rule 30 of the said Rules it is provided that the Authority shall frame regulations with the prior approval of the Registrar, Co-operative Societies, Uttar Pradesh, for the members of the Centralised Service on their service matters relating to promotion, appointment, probation, confirmation and termination. It has been brought to our notice Ihat in exercise of this power regulations had been framed which are known as the Uttar Pradesh Primary Agricultural Co-operative Credit Societies Centralised Service Regulations (hereinalter to be referred as the Regulations). The relevant regulations read as under : "23- (a). A member appointed by direct recruitment or through final absorption as well as by promotion shall be placed on probation for a period of two years which period may be extended by the District Committee for a further period of six months. (b) Jf it appears at any time before or at the end of the period of probation or extend d period of probation that a member has not availed the opportunity offered to him for picking up the work or has otherwise failed to give satisfactory performance, the District Committee may remove him from service or revert him to lower category from which promoted. (c) A member removed from service during or at the end of the period of probation or extended period of probation shall not be given any compensation unless it is mandatory under any law which is applicable to him. 24. A member shall be confirmed by the District Committee ons atisfactory conclusion of the probationary period." The assertion put forth in the petition is that since there was no extension of probationary period and the maximum period prescribed under the Rule having been completed by the petitioner he would be deemed to have been confirmed. The services of the petitioner, therefore, could not be terminated in an arbitrary manner as has been done in the instant case.;