Veerender Singh Siradhana, J. - (1.) Services of the petitioner have been terminated vide impugned order dated 16th April, 2002, as he was not recommended for further retention in probation reports earned by him; of which the petitioner is aggrieved of and has instituted the present writ proceedings, praying for the following relief(s): "(i) To quash the termination order of the petitioner Dt. 16.4.2002(Annex -7). (ii) To direct the respondents to allow the petitioner to continue to the post of lower Division Clerk (Accounts) in the Army School, Jaipur. (iii) To grant the cost of the petition in favour of the petition. (iv) Any other appropriate writ or direction which the Hon'ble Court deems fit and appropriate in the present facts and circumstances of the case."
(2.) Shorn off unnecessary details, the skeletal material facts necessary for the appreciation of the controversy raised herein needs to be first noticed. The petitioner was appointed to the post of Lower Division Clerk (LDC) in the Army School, Jaipur Cantt, vide order dated 15th May, 2000, on probation for one year w.e.f. 22nd May, 2000. He was to be considered for confirmation on the basis of performance during the period of probation in terms of Rules and Regulations of the Army Welfare Educational Society, ('AWES', for short), a society registered under the Societies Registration Act VXI of 1958. It is pleaded case of the petitioner that after his appointment, he successfully completed the period of probation and his case was recommended by the Principal of the School, for confirmation. However, he was informed to the effect that Article 104 of AWES Rules and Regulations, clearly contemplated that anybody who is employed will be on probation of one year, which could be extended to two years by appointing authority, and therefore, his request for confirmation was declined as pre -mature. The petitioner has further pleaded that he applied for the post of 'Accountant Clerk' whereas he was accorded appointment to the post of LDC. However, in the attendant facts and circumstances, he accepted the appointment.
(3.) The petitioner, appearing in person, emphasized that his work and conduct had been exemplary and to the total satisfaction of the controlling authority. It was on account of personal bias and annoyance of the respondent No. 4 (Shri K.K. Mishra), Principal, Army School, Head Quarter 61 (Indep) Sub Area (Edn), Army Cantt, Jaipur, his services have been terminated during the period of probation.;