- (1.) The petitioner was appointed as Sweeper vide letter dated 14.9.2004 (Annexure P-1) on compassionate grounds under the ex gratia Scheme as his father served in the District Courts, Jind as an Additional Sweeper and expired during service. As per the appointment letter, the petitioner was appointed on purely temporary basis and his services could be terminated at any time without assigning any reason whatsoever, without prior notice. It was clearly stipulated therein that he shall remain on probation for a period of two years and in case his work and conduct was not found satisfactory, the period of probation shall be extended for a further period of one year.
(2.) The petitioner in pursuance of the afore-stated appointment letter joined his duties as such on 16.9.2004. He continued to work as such and since, according to the respondents, his work and conduct had not remained satisfactory, his services were dispensed with vide order dated 14.9.2006 (Annexure P-2) during his probation period of two years in accordance with the terms as stipulated in the appointment letter. The petitioner thereafter preferred a service appeal under Rule 14 of the Punjab Subordinate Courts Establishment (Recruitment of General Conditions of Service) Rules, 1997 in the High Court. The said appeal was dismissed by this Court vide order dated 6.2.2008 (Annexure P-6). The relevant extract thereof reads as under : "His work and conduct during the initial period of two years was not satisfactory and a penalty of censure was imposed upon him vide order dated 1.10.2005. The appellant was found absent from duty on 31.5.2006 from 11.00 A.M. to 2.00 P.M. on 1.6.2006 from 9.20 A.M to 2.00 P.M, the entire day on 28.6.2006, on 10.7.2006 from 9.00 A.M to 2.00 P.M, on 13.7.2006 from 8.30 A.M to 2.00 PM and the entire days on 14.7.2006 and 15.7.2006. Show Cause Notices were issued to the appellant by Civil Judge (Senior Division), Jind and Chief Judicial Magistrate, Jind but the reply to the notices was not submitted. The matter was reported to the District and Sessions Judge, Jind. A show cause notice was issued to the appellant on 5.8.2006. The appellant was given hearing by the District and Sessions Judge in person and penalty of stoppage of two annual increments without cumulative effect was imposed. In view of the fact that the work and conduct of the appellant was not found satisfactory, therefore, his services were dispensed with vide order dated 14.9.2006, during the period of probation of two years. The order itself is not stigmatic in so much as it only records that the work and conduct of the appellant remained unsatisfactory and, therefore, his services were no more required and the same were dispensed with. No ground for interference is made out. The appeal is dismissed."
(3.) Through this writ petition, the petitioner has challenged the order dated 14.9 2006 (Annexure P-2) vide which his services have been dispensed with and the order dated 6.2.2008 (Annexure P-6) whereby service appeal preferred by him has been dismissed by the Appellate Authority.;