JUDGEMENT
K.C. Agrawal, J. -
(1.) In pursuance of an advertisement made by the Pradeshiya Industrial and Investment Corporation of U.P. Limited, Lucknow (respondent No. 1) on February 25, 1984, the petitioner applied for being appointed as Legal Assistant. The petitioner was subsequently given a letter dated April 29, 1985, for indicating his acceptance to the offer by the Deputy Administrative Officer. The petitioner indicated his acceptance and was thereafter appointed on May 6, 1985. Letter dated April 29, 1985, indicated, "You will be placed on probation for a period of one year with effect from the date of joining the Corporation."
(2.) The petitioner joined the Corporation on May 5, 1985. Subsequently his probation was extended by an order of Sri D.K. Mittal, Deputy Managing Director, dated June 28, 1986, for a period of three months. While he was on probation on the extended term of probation, he was discharged on July 10, 1986. The order passed on the file, according paragraph 10 of the supplementary counter affidavit of S.P. Singh, is quoted below :
"Seen all the papers. Mr. Adhin is not suitable for the post of L.A. Hence his services are terminated w.i.e. He may be given required pay in lieu of notice
(3.) The petitioner was intimated about the discharge through Annexure-4 to the writ petition. Relevant portion of Annexure-4 is as under:
"In terms of Rule 12 of the PICUP Service Rules and also in terms of the letter of offer of appointment No. SEC/4/344/76/1465 dated April 29, 1985, the services of Sri Guru Adhin, Legal Assistant, are no longer required and the same are terminated with effect from today (July 10, 1986) afternoon. Sri Guru Adhin may be paid one months pay including allowances in lieu of the notice required under Rule 12 of the PICUP Service Rules.";
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