The termination of the petitioner's service was found to be in accordance with the terms of the appointment offer and the applicable rules, and the petitioner had no right to be appointed as a permanent employee.

C. Saravanan, J.

This writ petition has been filed by the petitioner seeking to quash order dated 16.12.2005 bearing reference No.P.VIII-I/EC-II 167 issued by the 2nd respondent and order dated 20.03.2007 bearing No.D.V-1(22)/2006-N-S-ESTT.5 issued by the 1st respondent confirming the 2nd respondent's aforesaid order and to consequently direct the respondents to reinstate the petitioner in service with back wages, continuity of service and other attendant benefits.

2. The facts of the case are as follows:

i. The petitioner was selected as a constable/GD(Group-C) with the Central Reserve Police Force (CRPF) in time scale of pay of Rs. 3XXX-XX-3950-80-4590 vide appointment offer dated 1.9.2004.

ii. The petitioner was directed to appear before the Additional DIG, Group Centre, CRPF, Avadi on 25.9.2004 with the required details/certificates.

iii. The petitioner was required to produce the x-ray P.A. view of his chest at his own cost at the time of training and appointment was subject to his medical fitness in all respects which was to be determined by the Medical Officer of the Department/force on his reporting to these Group Centre.

iv. The Petitioner was subjected to preliminary medical test.

v. The appointment offer states that the petitioner was to undergo basic training in any of the training institutions of the CRPF.

vi. The appointment offer states that if for any reason the petitioner was unable to complete the training successfully, his services will be terminated.

vii. As per the aforesaid appointment offer the petitioner was selected on temporary basis was to be on probation for a period of two year during which time the service can be terminated without assigning any reason.

viii. The appointment offer states that the services were liable to be terminated at any time during probation with one month's notice by the appointing Authority without assigning any reason in terms of the provisions in CRPF (Rules 1955).

ix. Though the appointment was on a temporary basis, it likely to continue indefinitely.

x. The appointment was subject to the terms and conditions mentioned in the appointment offer.

xi. The said offer states that the if terms of offer were acceptable the petitioner, he was to report on 25.9.2004 with the details.

xii. The petitioner was sent for training from 01.10.2004 to 07.03.2005 at Sinderi, Bihar

xiii. After reporting for training the petitioner suffered fracture on his left hand just above the wrist (Alna) and was admitted in CRPF Sinderi Hospital and thereafter, referred to Patliputra Medical Hospital Dhanbad and thereafter, he was given treatment and discharged on 16.05.2005.

xiv. At the time of discharge, the Medical Officer had certified that the petitioner was fit to resume duty/training.

xv. It appears that the petitioner continued his training till 16.08.2005 and thereafter he was suffering from fever and was admitted in the hospital and discharged on 23.08.2005.

xvi. The petitioner was advised to obtain a fitness certificate to resume duty.

xvii. At that time, he was advised to avoid P.E.T. Training and strenuous work for the next 10 days.

xviii. Again, the petitioner was admitted in the hospital for infective hepatitis and he was granted casual leave between 23.10.2005 and 03.11.2005.

xix. Thereafter, the petitioner was ordered to undergo medical examination on 19.10.2005 where the that the Petitioner was declared unfit on account of Squint in his left eyes (Exotropica).

xx. After joining the training the Petitioner as unable to complete his training and his services was terminated by the 2nd respondent vide impugned letter dated 16.12.2005.

xxi. The petitioner was directed to surrender all the materials including uniform and was dropped in the Simalguri railway station, Assam.

xxii. The termination of service was stated to be as per the Central Civil Services (Temporary Service) Rules.

xxiii. The petitioner therefore filed an appeal before the 1st respondent.

xxiv. The Petitioner thereafter filed W.P.No.50218