S.H.A.Raza, J. - (1.) As the common questions of law and facts are involved in both the aforesaid petitions the same are being disposed of by a common judgment.
(2.) The petitioner, claiming himself to be a permanent employee - Manager Grade 111 (Quality Control) posted at Dugdh Utpadak Sahkari Sangh Limited Agra, has challenged the orders, dated 30-5-1987 and 25-5-1987 passed by " Genual Manager, Dugdh Utpadak Sahkari Sangh, Agra and Chairman Administrative Committee of the said Sangh, contained in Annexures 6 and 7 respectively to this writ petition, by means of which by the first order he was relieved from the said Sangh at Agra in the afternoon of 30-5-1985 and to report at Pradeshik Co-operative Dairy Federation Ltd., Head Office, at the earliest and by the second order his services were terminated under Paras 17(1) and 19(A) of the Uttar Pradesh Co-operative Societies Employees Service Regulations, 1975, by giving one month's salary in lieu of notice period, mainly on the ground that he is a permanent employee having been finally absorbed in service holding a regular post since 1981, in a clear vacancy after due selection, hence his services cannot be terminated without following the due procedure. The orders have been passed in violation of Articles 311 and 14, 16 and 19 of the Constitution of India. It was averred that the Regulations under which the services of the petitioner were terminated do not apply in the case of the petitioner as the same apply to an employee appointed on probation. On 24-7-1981 the petitioner was appointed as Assistant Manager (Quality Control) at the Cattle Feed plant, Varanasi and was placed on probation for a period of one year after his joining It was mentioned in the order that on expiry of the probation he will be confirmed provided the period of probation is not extended by the Federation, at its discretion without assigning any reason thereof.
(3.) Regulation 17 of U. P. Co-operative Societies Employees Service Regulations, 1975, provides as follows : "Probation. - (i) All persons on appointment against regular vacancies shall be placed on probation for a period of one year : Provided that the appointing authority may, in individual cases, extend the period of probation in writing by such further period not exceeding one year as it may deem fit. Explanation. - No post shall be deemed as regular unless it has been in existence continuously for the last five years. (ii) if it appears at any time before or at the end of the period of probation or extended period of probation that a person has not availed the opportunity offered to him for picking up the work or has otherwise failed to give satisfaction he may, if directly recruited, be discharged from the service. (iii) A person removed from service during or at the end of the period of probation or extended period of probation under clause (ii) shall not be given any compensation unless he is, under mandatory provisions of any law applicable to his case, entitled for the same.";