Harish Tandon, J. - (1.) THE petitioner was promoted to the post of Executive Engineer (Civil) from the post of the Assistant Engineer with effect from 8th August, 2011 and was kept in probation for a period of one year. Undisputably Central Warehousing Corporation (Staff) Regulations 1986 is applicable and both the parties have interpreted the provisions therein in their own manner. Admittedly the petitioner was put on probation and was reverted back to his original post by memo dated 15.04.2014 as the authority did not find the performance of the petitioner at the promotional post satisfactorily.
(2.) ACCORDING to the petitioner, Regulation 10 thereof provides the maximum period of probation of two years and the petitioner having kept at the promotional post beyond the said maximum period shall be treated as deemed confirmation to such post and cannot be reverted back to his original post without taking recourse to recognize procedure applicable to the confirmed employee. By refuting the aforesaid contention, the respondent says that unless the petitioner is confirmed by an order or upon recording satisfaction over his performance, he shall remain as probationer, even if, he is allowed to continue beyond the maximum period provided for probation. The petitioner heavily relied upon Regulation 10 thereof which is also relied upon by the respondents but in addition thereto, he relied upon a definition of the "regular employees" given under Regulation 2 (n) of the said Regulation. It would be apposite to quote the aforesaid regulations to address the issue raised in the instant writ petition which runs thus: "2 (n) "Regular Employee" means an employee who has been declared to have completed the period of probation to the satisfaction of the appointing authority. 10. Probation: (i) Every person regularly appointed to any post either by direct recruitment or by promotion shall be on probation for a minimum period of one year from the date of assumption of charge. (ii) The Appointing Authority may, in its discretion, extend the period of probation up to a further period not exceeding one year. (iii) During the period of probation, an employee directly recruited shall be liable to be discharged from the service without assigning any reason by giving him a notice of one month or pay in lieu thereof. A departmental candidate appointed to any higher post through direct recruitment shall during the period of probation be liable to be reverted to the original post held by him prior to such appointment, without any notice and without assigning any reason. (iv) During the period of probation, an employee promoted to higher post from a lower post shall be liable to be reverted to the lower post without notice and without assigning any reason. (v) Where an employee has rendered continuous temporary or officiating or ad -hoc service or continuous service in the post on deputation immediately preceding his regular appointment to such post, the period of service so rendered, may be counted against the period of probation, if the appointing authority so directs. This will, however, not affect the seniority, which will be governed by the normal rules of seniority in the grade."
(3.) FROM the plain and simple reading of the aforesaid provisions, a person regularly appointed to any post by promotion shall be on probation for a minimum period of one year from the date of assumption of charge which is extendable by the appointing authority up to a further period not exceeding one year. The appointing authority is also given power to revert the employee to the lower post during the period of probation without giving any notice or providing any reason. The dispute which arose as the petitioner was allowed to remain in the promotional post beyond the period of two years and, thereafter, have been reverted back to the lower post by the appointing authority upon issuing the memorandum dated 15.04.2014.;