The termination of a probationary employee's services must adhere to the probation conditions specified in the appointment order and relevant rules.

ORDER :

1. The petitioner has filed this petition under Article 226 of the Constitution of India being aggrieved by order/notice dated 22.08.2015 (Annexure P/1) passed by the Dean of Late Shri Baliram Kashyap Memorial Government Medical College/Respondent No. 3, whereby the services of the petitioner from the post of Speech Therapist/Audiologist has been terminated giving one month prior notice.

2. Brief facts of the case, as projected by the petitioner, are that on 01.05.2014, an advertisement (Annexure P/3) had been issued by the Respondent No. 3 for various posts and applications were invited from the eligible candidates. In the aforesaid advertisement, two posts of Speech Therapist/Audiologists were advertised by the Respondent No. 3, out of which, one was reserved for Schedule Tribe and the another one was for the unreserved category. The petitioner having fulfilled the eligibility criteria, applied for the post of Speech Therapist/Audiologist against unreserved category. After scrutiny of the applications, the candidates were called for the written examination which was to be held on 26.08.2014. Subsequently, on 19.10.2014, the respondents declared the result (Annexure P/5) of the said examination and the successful candidates were called for verification of the documents vide letter dated 21.11.2014 (Annexure P/6). After verification of documents, final selection list was published by the Respondent No. 3. Thereafter, the petitioner was appointed on the post of Speech Therapist/Audiologist vide appointment order dated 08.01.2015 (Annexure-P/7) and joined her services on 12.01.2015. In the meanwhile, a writ petition bearing W.P. (S) No. 6343/2014 was filed by one Raj Kishore Mishra, who was in waiting list, pleading therein that the post of Speech Therapist/Audiologist is a District Cadre, therefore, in the light of circular issued by the State Government, the said post shall be filled up by only Bastar Division domicile candidates. In the said petition, notices were issued to the parties and an order was passed by this Hon'ble Court that the appointment of the present petitioner shall be subject to the final outcome of the petition (WPS No. 6346/2014). According to the petitioner, she duly filed the reply in the writ petition and took her stand that the post of Speech Therapist/Audiologist is not a district cadre post for the reason that same has been sanctioned by the State Government in the Medical College in light of the Chhattisgarh Medical Education Department (Gazetted) Service Recruitment Rule, 2011 (Annexure P/9). According to the petitioner, the appointment of the petitioner was sub-judice before this Hon’ble High Court and no order has been passed by the Hon'ble Court against the petitioner and only directed the respondent college to file an affidavit in this regard.

3. Thereafter, despite the selection process and the appointment on the post of Speech Therapist/Audiologist under 2 years probation period and completion of 8 months service, a notice dated 22.08.2015 (Annexure P/1) was issued to the petitioner informing her that her services would automatically be terminated after expiry of one month from the date of issue of this notice on the ground that there is no mention regarding the post of Speech Therapist/Audiologist or anything related to it in the recruitment Rules, 1989. Hence, the present writ petition has been filed by the petitioner with the following reliefs:

“10.1. This Hon'ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the order dated 22.08.2015 (Annexure P/1) passed by the respondent No. 3.

10.2 The Hon'ble Court may be pleased to issue writ/writs/order/orders/direction/ directions/ relief/relief's, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case.”

4. Learned counsel for the petitioner submits that the reason given by the Respondent No. 3 in the impugned order dated 22.08.2015 (Annexure P/1) is against the rule of