DEEPAK SUDHAN BAHUGUNA Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT impugns respondents' order dated 4.4.2003 extending the period of probation for a period of six months w.e.f. 28.10.2002 as well as order dated 24.7.2003, wherein, on expiry of extended period assessed applicant not fit to continue on the post of Master (English) applicant was reverted back to the substantive post of Assistant Master. Quashing of the aforesaid has been sought with all consequential benefits.

(2.) Applicant was appointed as Assistant Master on 1.7.94 at Military School Chail. In view of the notification for the post of Master (English) which was to be processed through UPSC applicant being fully eligible as per the recruitment rules notified under Article 309 of the Constitution of India for the post of Master applied for the post and on interview and other formalities applicant was offered the post of Master (English) Group 'B' post at Rashtriya Indian Military College (IRMS) vide letter dated 29.9.2000. The post was permanent but the initial appointment was on temporary basis. The probation period of two years as per recruitment rules and also the conditions as per the condition was prescribed, which was extendable in the event of unsatisfactory performance during the period of probation. One of the conditions were the incumbent fails to complete the period of probation to the satisfaction of the Competent Authority renders him liable to be discharge from service or to be reverted to the parent department in case the lien against the post has been maintained. Applicant accepted the terms and conditions and tendered his technical resignation which was accepted vide letter dated 25.10.2000 by his parent department. During the period when applicant was working in IRMS he was issued several counselling letters and was alleged with various allegations including appearing in drunken state making his integrity doubtful. Though the result of applicant remained par excellent in so far as past percentage in English is concerned.

(3.) BY the impugned order when the second assessment as to confirmation of applicant was to take place on expiry of the extended period of probation. Applicant was assessed as not fit to be continued on the post of Master (English). Accordingly instead of discharging him the alternative resort has been taken to revert applicant back to the substantive post of Assistant Master in Military Service.