- (1.) The petitioner claiming to be a confirmed Development Officer of the Life Insurance Corporation of India (hereinafter referred to as the Corporation) filed the present petition challenging the validity of the order of the Divisional Manager dated 5-1-1976 terminating his services. The petition came up for final hearing before a Division Bench. Hon'ble K. N. Singh, J. accepted the stand taken by the petitioner that he was confirmed as Development Officer by an order dated 19-9-1975 and his services could not be terminated in the manner it was sought to be done. Hon'ble Farooqi, J. took the view that the decision as expressed in the order dated 19-9-1975 was not a legal decision; in law it was an offer to the petitioner to continue in service of the Corporation permanently and like any other offer under the law of contract it could not be an effective offer unless it was received by the petitioner. Since the order was not sent out to the petitioner and received by him it could not bind the Corporation merely because the order was communicated to other relevant authorities or because the petitioner has got constructive knowledge of the order.
(2.) According to the petitioner he was appointed as development officer of the Corporation by Divisional manager by his order dated 10-1-1974. The appointment was on probation on the terms and conditions contained in the letter of appointment. Clause 2 of the letter of appointment provided that the petitioner's initial appointment was on probation for a period of twelve months from the date of his joining duties. The probationary period was liable to be extended and the total period beyond which the probationary period could not be extended was 24 months. During the period of probation the petitioner was liable to be discharged from service at any time without previous notice. Clause 12 provided that on satisfactorily completing the period of probation and subject to securing the minimum business as set out and in the manner specified in para. 10 and further subject to observing and complying with all other conditions set out in the letter of appointment the petitioner will be confirmed in the service of the Corporation in Class II. The confirmation will depend inter alia upon the fulfilment of the minimum business set out in para. 10 and upon the record of post- sales service to the Corporation's policy holders and other functions performed by him in the area allotted to him.
(3.) The petitioner joined the service on 12-1-1974 at Asother Block in district Fatehpur. The period of probation was extended from time to time and it was finally extended up to 11-7-1975. According to the petitioner the probationary period was not extended any further and the Divisional Manager by his order dated 19-9-1975 confirmed the petitioner in service as a Development Officer with effect from 1-8-1975. Copies of the order were sent to the Zonal Officer, Kanpur, the Branch Manager, Fatehpur, and the Accounts Department of the Divisional Office, Kanpur, for information and necessary action.;