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Khazan Chand Vs. Union of India (Uoi) and ors. - Court Judgment

SooperKanoon Citation
SubjectService
CourtDelhi High Court
Decided On
Case NumberCW. No. 226 of 1994
Judge
Reported in1998(47)DRJ688
ActsService Law
AppellantKhazan Chand
RespondentUnion of India (Uoi) and ors.
Appellant Advocate Meena C. Sharma, Adv
Respondent Advocate V.K. Makhija, Sr. Adv.
DispositionPetition allowed
Excerpt:
service law - probation--appointment on probation with requirement of requisite training--reversion without assigning any reason or opportunity of hearing--order set aside. - labour & services disability pension: [vikramajit sen, sanjiv khanna & s.l.bhayana,jj] army act (46 of 1950), section 192 & pension regulations for the army (1961), regulation. 173 claimant was on casual leave sustained injury which contributed to invalidation for military service claim for disability pension held, to claim disability pension by military personnel it requires to be established that the injury or fatality suffered by the concerned claimant bears a causal connection with military service. secondly, if this obligation exists so far as discharge from the armed force on the opinion of a medical..........1992, the order reads as under:-'shri khazan chand who is presently performing the duties of station master is appointed to the post of station master in the pay scale of rs. 1200-30-156()-eb-40-2040 w.e.f. 10th jan., 1992. shri khazan chand will undergo the requisite training of station master being provided by northern railway.shri khazan chand will be on probation for a period of two years with effect from the date of appointment.'2. on the 8th of january, 1994, the petitioner was reverted to his original post. the order reads as under:-'shri khazan chand who was appointed as station master w.e.f. 10.1.92 in the pay scale of rs. 1200-2040 and put on probation for a period of two years vide office order no. 38 dated 25th february, 1992, is hereby reverted to his original post of.....
Judgment:

K. Ramamoorthy, J.

1. The petitioner was appointed as Station Master for mini train vide Office Order No. 38 dated the 25th of February, 1992, The order reads as under:-

'Shri Khazan Chand who is presently performing the duties of Station Master is appointed to the post of Station Master in the pay scale of Rs. 1200-30-156()-EB-40-2040 w.e.f. 10th Jan., 1992. Shri Khazan Chand will undergo the requisite training of Station Master being provided by Northern Railway.

Shri Khazan Chand will be on probation for a period of two years with effect from the date of appointment.'

2. On the 8th of January, 1994, the petitioner was reverted to his original post. The order reads as under:-

'Shri Khazan Chand who was appointed as Station Master w.e.f. 10.1.92 in the pay scale of Rs. 1200-2040 and put on probation for a period of two years vide Office Order No. 38 dated 25th February, 1992, is hereby reverted to his original post of Peon with immediate effect.'

3. The third respondent gave a notice on the 5th of January, 1994 and that was served on the petitioner on the 6th of January, 1994. Without awaiting any reply, the order was passed on the 8th of January, 1994 reverting the petitioner.

4. It is stated by the petitioner that the work of the petitioner was appreciated by the officers. In the counter-affidavit, it is stated that the impugned order had been passed in exercise of the power under Clause 13(ii) of BBSI Byelaws. The said clause reads as under:-

'During the period of probation if an employee is found unsuitable for holding that post, or has not completed his period of probation satisfactorily, the Appointing Authority may

a) in the case of promotee, revert him to the prior post, and

b) in the case of direct recruit regular or temporary terminate the service on payment of a month's salary.'

5. The respondents have not substantiated their that the petitioner was found unsuitable for holding that post. Regarding the training to be undergone by the petitioner during the probation period, it is for the respondents to have sent him for training and nothing leas been mentioned in the counter-affidavit that the petitioner can go to any institute to get the requisite training.

6. On the ground of violation of principles of natural justice, the impugned order is set aside. The petitioner shall be permitted to work as Station Master by virtue of the order passed on the 25th of February, 1992.

7. This would not affect the power of the respondents to take appropriate action against the petitioner relating to his probation, if so advised. The respondents shall give the petitioner all the monetary benefits as if he continued in service by virtue of Officer Order dated the 25th of February, 1992.

8. The writ petition stands allowed in the above terms.

9. There shall be no orders as io costs.


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