COMMON ORDER

Since common issue is raised in these Writ Petitions, they are being disposed of by the following common order. Aggrieved by the proceedings of Salim Ali Centre for Ornithology and Natural History - first respondent herein dated 30-01-1996, extending his period of Probation for six months with effect from 24-01-96, Dr. E. Johnson-petitioner has filed W.P.No. 1454 of 96 to quash the said order and consequently forbear the respondents from treating him as a probationer.

2. Aggrieved by the proceedings of the very same Institution dated 30-01-96, terminating their Probation and discharging them from the services of Salim Ali Centre for Ornithology and Natural History-first respondent, Dr. Mathew K. Sabastian and Dr. C.P. Geevan, petitioners have filed W.P.Nos. 1784/96 and 1842/96 respectively to quash those proceedings and consequently direct the respondents to reinstate them in service with backwages, continuity of service and all other attendant benefits.

3. The common facts applicable to all the three writ petitions are briefly stated hereunder:

Salim Ali Centre for Ornithology and Natural History (hereinafter referred to as "SACON")-first respondent Society herein is a body registered under the Society Registration Act and it is an organisation set by the Central Government, Ministry of Environment and Forest and it is completely controlled by the Central Government. In the Governing Council of the said institution there are nominees of the Central Government including the Secretary of the Ministry of Environment and Forest, Education Department of Maharashtra and various other Government sponsored bodies. The major activity of the Society is to develop the institution in the fields of Ornithology and Natural History, conducting research in related fields and conducting courses to students leading to the Post Graduate degree (M.Sc.,) and research degrees such as M.Phil., and Ph.D. It is a State within the meaning of Article 12 of the Constitution of India. For carrying out its activities, the first respondent has appointed number of persons drawn from various fields. Till this date, the first respondent had not framed rules relating to the service conditions of its employees and in its meeting held on 28-5-92, it had adopted the Government of India Rules and Regulations in the matter of service conditions of its employees. As per the by-laws of the society, the Governing Council is solely in charge of framing rules relating to creation of post, tenure, emoluments, allowances, Rules of Discipline and other conditions of officers and staff of the society.

4. Before coming to the first respondent Society, the petitioner in W.P.No. 1454/96 was working as a Librarian in the Central Marine Fisheries Research Institute at Ernakulam with effect from 3-11-69. He had served in the institution till 5-3-1992 during which time he had several promotions and his final posting was that of a Technical Officer. After coming to know about a vacancy for the post of Librarian in the first respondent institute, he made an application dated 22-11-91 offering his service to the said post. He was called for an interview on 4-2-92 by the first respondent and on being successful in the interview, he was given an offer an appointment dated 19-2-92 for the post of Librarian in the first respondent institution. He accepted the offer and accordingly resigned his post with the central Marine Fisheries Research Institute, where he had worked for 23 years. He joined the first respondent on 9-3-94. His probation period was fixed for 2 years from the date of joining the post and the period of probation may be extended at the discretion of the competent authority.

5. The petitioner in W.P.No.1784/96, before coming to work in the first respondent centre, was working as a Senior Research Assistant in the Central Silk Board from December, 1987 till 16-11-93 in a permanent post. He had worked in its various stations at West Bengal, Kerala and