B.D. Agarwal, J. - (1.) Under order dated 14th January, 1977 the petitioner was appointed Secretary in the Sadhan Sahkari Samiti Ltd., Mithupur Block Barnahal district Mainpuri. The appointment made was on temporary basis. The services of the petitioner have been terminated by an order dated 16th July, 1986, vide Annexure-12 to the petition, on payment of one month's salary in lieu of notice. The contention raised for the petitioner, inter alia, is that in view of the provisions contained in Regulation 23 (a) of the U.P. Primary Agricultural Co-operative Credit Societies Centralised Service Regulations, 1978, he is deemed to be confirmed and, therefore, his services could not have been terminated without according reasonable opportunity. In terms of Regulation 23 (a) it would appear that the period of probation described is two years which is capable of being extended by another six months, (see also Rule 27 of the U P. Agricultural Co-operative Credit Societies Centralised Service Rules, 1976.) This is the upper limit beyond which the probation may not continue as has been held also by a Division Bench of this Court in Lakshman Ram Kushwaha v. Committee of Management, Sadhan Sahkari Samiti Ltd., 1986 (12)A. L. R. 422. From the counter-affidavit filed in the case before us it would appear that the termination of the services of the petitioner has been made under the impression that he continued to be temporary. There is no denial made in the counter affidavit to the effect that there was no opportunity accorded to the petitioner prior to the impugned termination. Since the petitioner has already been on probation for over two and half years without there being an order of termination passed prior to the expiry of the maximum period of probation and he is, therefore, to be taken as confirmed under the aforesaid provisions and his services could not have been terminated without reasonable opportunity being accorded.
(2.) The petition therefore, succeeds and is allowed accordingly. The order impugned dated 16th July, 1986 (Annexure-12 to the petition) is quashed. Petition allowed.;