A probationary employee cannot claim automatic confirmation after the probation period unless explicitly stated in the appointment terms; performance assessments by the employer are not subject to judicial review.

JUDGMENT

Jyoti Singh, J. Petitioner herein lays a challenge to an order dated 29.12.2018 whereby, his services have been terminated on the ground of unsuitability during probation period from the post of General Manager (HR). A writ of Mandamus is sought directing Respondent No. 2 to reinstate the Petitioner with full back wages and consequential benefits from the date of termination along with the declaration that Clause 2(a) of the letter of appointment dated 22.07.2017 is not applicable to the Petitioner, being a permanent employee of Respondent No. 2.

Case of the Petitioner

2. Petitioner having completed Masters Degree in Science, two year Post Graduate Diploma in Personnel Management and L.L.B, joined Coal India Limited (hereinafter referred to as "CIL"), a Central Public Sector Enterprise (hereinafter referred to as "CPSE") in the year 1994 and rendered a long unblemished service therein for a period of 23 years. During the said period, he acquired further Degrees and obtained trainings in different Management and Administrative programmes, apart from vast experience in HR Department of Mines, Administrative Departments of Area Headquarters, Vigilance Departments of Headquarters, etc., details of which have been elaborated in the writ petition. Petitioner was an outstanding performer and performed his job with utmost dedication, which is reflected in his ACR dossiers.

3. While working in CIL, Petitioner came across an advertisement issued by Respondent No. 2/Central Electronics Limited (hereinafter referred to as "CEL"), another CPSE, for various Posts, including one Post of "Executive Director/General Manager-HR" in Grade-E9/E8. Through the advertisement, applications were invited from candidates employed in Central/State Government, Autonomous Bodies, Public Sector Units/Government CPSEs through proper channel or on submission of "No Objection Certificate", apart from employees of the private sector.

4. Being aware of the applicable Guidelines, provisions of the various OMs issued by DoPT/DPE, etc., whereby the Petitioner would be entitled to pay protection and other benefits like earned leave, superannuation benefits, gratuity, etc., including appointment on permanent absorption, Petitioner applied for the Post of GM/ED (HR), through proper channel and furnished NOC, as required. On being recommended by a duly constituted Selection Committee, Petitioner was offered appointment, vide offer letter dated 22.07.2017.

5. As per the terms and conditions in the offer letter, Petitioner was entitled to pay protection along with Dearness Allowance and other admissible benefits, from time-to-time. Clause 2(a) of the letter stipulated that the Petitioner would be on probation for a period of one year or until confirmation, in writing and during the probationary period, his services were liable to be terminated, without notice and without assigning any reason whatsoever.

6. On receiving the offer letter from CEL, Petitioner submitted technical resignation to the erstwhile employer, i.e., CIL and on being relieved on 17.10.2017, joined CEL on 18.10.2017, as GM (HR). On 20.10.2017, Petitioner took charge as GM (HR) and was also given additional charge as Factory Manager.

7. Over the next couple of months, Petitioner, with his vast HR experience, helped in settling Bipartite and Tripartite Settlements with the Trade Unions, renewal of various statutory licenses, completion of long pending Departmental Promot