- (1.) This judgment of mine will dispose of C.W.P. No. 8541 and 11504 of 1992 as the facts and law point canvassed in both the cases are identical. For the purpose of judgment, the facts have been gathered from Civil Writ Petition No. 8541 of 1992 Lt. Col. Guriqbal Singh vs. Punjab Communications Ltd.
(2.) In this writ petition, the question cropped up for consideration is whether on the completion of the probationary period the services of an officer can be terminated by giving three months notice or pay in lieu thereof, or not?
(3.) The petitioner was appointed as Deputy Manager vide Order dated 20.7.1990, a copy of which is Annexure P-l to the writ petition, in the pay scale of Rs. 2400-100-3000-125-3500. The terms and conditions of the appointment were mentioned in the appointment letter. The petitioner was confirmed in the respondent-company vide order dated 14.12.1991, a copy of which is Annexure P-2 to the writ petition. To the petitioner's great dismay, his service were dispensed with vide order dated 29.6.1992, copy of which is Annexure P-4 to the petition by invoking para 3 of the terms and conditions of the appointment letter No. PBL/Ex-40-I dated 28.7.1990. The said provision of the letter reads: "3. After successful completion of the probation, about which you will be informed in writing, you will be confirmed in the service of the company. Your services, however, would be terminable on three months notice or pay in lieu thereof on either side.;