- (1.) THIS appeal under clause 10 of the Letters Patent Appeal is directed against the judgment dated 16.8.1999 whereby the learned Single Judge dismissed the writ petition and declined to quash the order dated 21st February, 1992 issued by the respondents whereby the petitioner was removed from the service w.e.f. 1 st September, 1991.
(2.) THE facts of the case lie in narrow compass. The petitioner was appointed as Apprentice Development Officer in pursuance of the advertisement issued by the respondent No. 1 -Life Insurance Corporation of India and after due interview and medical test, the order of appointment was issued on 13.11.1990. In terms of the appointment letter, the petitioner was appointed as a Probationary Officer with the stipulation that the period of probation shall be for a period of 12 months from the date of joining which may be extended at the discretion of the respondents for a maximum period of 24 months counted from the commencement of the date of appointment. Admittedly after the expiry of 12 months the petitioner continued in service on probation. However, in 1991 the petitioner, in apprehension of his removal from service, approached this court by filing CWJC No. 2683/91 (R). This court disposed of the said writ petition on 10.2.1992 by passing the following order : "After hearing the counsel for the petitioner and the respondents, we do not make any direction asking the petitioner to join. This will be for the respondents/authority to consider. Learned counsel for the respondents states that the respondents -authority are intending to pass certain order within one month in view of the conduct of the petitioner. They may such action, as may be necessary and permitted in law. If the petitioner feels aggrieved by such an order, he will have the liberty to come to this Court. With this observation this application is disposed of." It appears that immediately thereafter the letter of termination was issued on 21.2.1992 whereby the services of the petitioner was terminated with effect from 1.9.1991. The petitioner -appellant challenged the aforesaid order of termination by filing aforementioned writ petition being CWJC No. 1146/92 (R) on the ground, inter alia, that the petitioner was not given any show cause notice nor opportunity of hearing and the order was passed in violation of the principle of natural justice. The petitioner also assailed the said order of termination on the ground that he was deemed to be confirmed after completion of probationary period in terms of the letter of appointment. The learned Single Judge after considering the relevant clause of the letter of appointment and the regulations framed by the respondents came to the conclusion that since there being a specific provision of confirmation laid down under the order of appointment, the petitioner cannot claim to be confirmed automatically on completion of the period of probation. Since the service of the petitioner could be terminated at any time during the period of probation and no notice was required to be given before such termination, the impugned order of termination was neither illegal nor unjustified. Accordingly the writ petition was dismissed.
(3.) WE have heard the counsel for the parties at length. The relevant clauses of letter of appointment dated 30.11.1999 particularly clause Nos. 2 and 11 are reproduced herein below : 2. Probationary period. - -You shall be on Probation initially for a period of twelve months from the date of your joining duties as a Probationer, but the Corporation may, in its sole discretion, extend your probationary period, provided that the total probationary period including the extended probationary period shall not exceed 24 months counted from the commencement of the probationary appointment. During the probationary period (which includes extended probationary period, if applicable) you shall be liable to be discharged from service of the Corporation without any notice and without any cause being assigned. 11. Confirmation and Increments. - - (i) On your satisfactorily completing the period of probation and your observance and compliance with all confiditions set out in this letter of appointments, you will be confirmed in the services of the Corporation in Class II, your confirmation will depend inter alia upon the fulfillment, of the minimum business guarantee set out in para 10 above and upon your record of post -sales service to the Corporations policy holders and other functions performed by you in the area allotted to you to the satisfaction of the competent authority. (ii) The grant of increments to you shall be governed by Regulation 56 of LIC of India (Staff) Regulations, 1960 read with Schedule -III as amended from time to time.;