Point of Law : Petitioner was on probation, therefore, his service can be terminated, cannot be accepted in the light of Rule 3(3) & 4 of Rules, 2013 alongwith Schedule-B for promotion.

JUDGMENT :

1. Heard learned counsel for the petitioner, learned standing counsel for respondent No. 1 and Ms. Pooja Agarwal, learned counsel for respondent Nos. 2 to 5.

2. Pleadings are exchanged between the parties. With the consent of parties, writ petition is being decided at the admission stage itself.

3. Learned counsel for the petitioner submitted that High Court of judicature at Allahabad has issued advertisement for recruitment of Group 'C' post in the U.P. Civil Court Staff Centralized Recruitment Scheme-2014, (Advertisement No. 1/Sub. Court/Category 'C'/Clerical Cadre/2014). He further pointed out that as per Point No. 9 of General Instruction, all the candidates, who are already in Central/State Government Service or in any Central/State Government undertaking or in any type of other organization established and governed by the Central/State Government, shall have to produce no objection certificate (N.O.C.) as and when called for. Petitioner, being fully eligible for the said post, has submitted application form and ultimately after going through the due procedure as provided in advertisement, he was appointed on the post of Junior Assistant vide appointment letter dated 09.09.2015 at District Court Maharajganj on probation.

4. He next submitted that prior to this joining, petitioner was working on Group 'D' post in Northern Central Railways. On 10.09.2015, he had sent his resignation to Civil Division, Mechanical Engineering, Jhansi and on 11.09.2015, submitted his joining at District Court, Maharajganj. On 31.05.2016, respondent No. 5 has issued notice to the petitioner to submit his reply as to whether prior to this department, he was working in some other department or not and whether he was allotted any PRAN or not, which was replied by the petitioner vide letter dated 13.06.2016 that earlier he was working as class IV employee in Northern Central Railway and submitted his resignation. He has also informed that he was allotted PRAN No. 110073384088 from Northern Central Railway and along with his letter, he has also annexed the photocopy of resignation letter.

5. He further submitted that on reply dated 13.06.2016, he was directed by the Officer concerned to inform the date of resignation and further about no objection certificate, if obtained and also as to why he has concealed the facts. The same was duly replied by the petitioner vide letter dated 21.06.2016 in which petitioner submitted that while submitting his application form, there was no requirement of no objection certificate as it is stated that candidates shall have to produce no objection certificate as and when called for. This is also stated that he has never concealed the facts and further he was willing to fill up the details of his service in police verification form, but it was never been required to fill up, therefore, he could not disclose about his first service.

6. It is next submitted that again, petitioner was issued letter dated 22.08.2016 with almost similar allegation which was also replied by the petitioner vide letter date 15.09.2016. After 22.08.2016, no further notices were issued to the petitioner. According to the petitioner, after completion of two year’s of probation period, as per rule 19 of Uttar Pradesh State District Court Rules, 2013 (hereinafter referred to as the 'Rules, 2013'), his services were made confirmed and vide order dated 03.09.2019, he has been promoted on the post of Senior Assistant at District Court, Maharajganj.

7. It is further submitted that on 29.08.2019 i.e. after three years from the issuance of last notice, he has received another notice and submitted reply vide letter dated 03.10.2019. On 15.10.2019, petitioner was issued one more notice by which he was required to present acceptance of his resignation letter by the Northern Central Railway within a period of one month, failing which, his s