TAPEN SEN, J. - (1.) HEAD Mr. A. Allam, learned counsel for the petitioner and Mr. P.K. Bhowmik, learned counsel for the respondents.
(2.) THE petitioner, in the instant case, has prayed for quashing Annexure -7, which is the order dated 21.03.1995, issued by the Senior Divisional Manager informing the petitioner that since he had failed to achieve the target on all counts, his services as Probationary Development Officer stood terminated retrospectively on and from 23.10.1994. The petitioner has also prayed for release of his salary from January 1995, till date as according to him, he has been paid his salary till December, 1994 and therefore he prays that after quashing the order of termination, he be paid his regular salary on and from January 1995 together with interest at the rate of 18% per annum. According to the petitioner, an advertisement was published by the respondents for appointment of Development Officer whereafter he was called for interview and after having been selected, he was medically examined and by letter dated 18.01.1992, he was appointed on the post of Apprentice Development Officer for a period of 9 (nine) months with effect from 23.01.1992 on payment of stipend at the rate of Rs. 2,000/ - per month. The aforementioned appointment was made by Annexure -1 appended to the Writ Application. From a perusal of the aforementioned appointment letter as contained at Annexure 1, it is apparent that by Clause 2 thereof the petitioner was informed that he would initially be taken as an apprentice for a period of 9 (nine) months commencing on and from the same day. After completion of 3 (three) months training, he would be put for field training for 6 (six) months at a Centre which would be intimated later on. It was further intimated at paragraph 7 that on completion of the apprenticeship period, if his work was found to be satisfactory then he would be appointed as a Development Officer on probation on a monthly basic pay of Rs. 1,350/ - (Rupees one thousand three hundred fifty) and such other allowance as are admissible in accordance with Staff Regulation. Thus, from a perusal of paragraph 7 of Annexure -1, it is evident that respondents at least admit that the petitioner, upon attaining the status of a Probationary Field Officer, was to be guided in accordance with the Staff Regulations meaning thereby the Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 1989.
(3.) THE petitioner has further stated that subsequently his training having been completed and his services having been found to be satisfactory, the respondents issued a letter of appointment dated 11.01.1993 as contained at Annexure -5 appointing the petitioner as a probationary Development Officer, Clause 2 and Clause 11 of the said appointment are relevant to be taken note of. Clause 2 and 11 respectively read as follows : - - "(2) Probation Period: - -you shall be on probation initially for a period of 12 (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: - -(1) On your satisfactorily completing the period of probation and your observance and compliance with all conditions set out in this letter of appointment, you will be confirm 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 (1) above and upon your record of past 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 L.I.C. of India (Staff) Regulations, 1960, read with schedule -III as amended from time to time.";