JUDGMENT

S.H.A. Raza, J. - As the common questions of law and facts are involved in both the aforesaid petitions the same are being disposed of by a common judgment.

2. The petitioner, claiming himself to be a permanent employeeManager GradeIII (Quality Control), posted at Dugdh Utpadak Sahkari Sangh Limited, Agra, has challenged the orders dated May 30,1987 & May 25, 1987, passed by General Manager, Dugdh Utpadak Sahkari Sangh, Agra and Chairman, Administrative Committee of the said Sangh, contained in annexures 6 and 7 respectively to this writ petition, by means of which by the first order he was relieved from the said Sangh at Agra in the afternoon of 30th May 1985 and to report at Pradeshik Cooperative Dairy Federation Ltd. Head Officer, at the earliest and by the second order his services were terminated under para 17 (1) and 19 (A) of the Uttar Pradesh Cooperative Societies Employees Service Regulations, 1975, by giving one month's salary in lieu of notice period, mainly on the ground that he is a permanent employee having been finally absorbed in service holding a regular post since 1981, in a clear vacancy after due selection, hence his services cannot be terminated without following the due procedure. The orders have been passed in violation of Article 311 and 14, 16 and 19 of the Constitution of India. It was averred that the Regulations under which the services of the petitioner were terminated do rot apply in the case of the petitioner as the same apply to an employee appointed on probation. On July 24, 1981, the petitioner was appointed as Assistant Manager (Quality Control), at the Cattle Feed plant, Varanasi and was placed on probation for a period of one year after his joining. It was mentioned in the order that on expiry of the probation he will be confirmed provided the period of probation is not extended by the Federation, at its discretion without assigning any reason thereof.

3. Regulation 17 of U.P. Cooperative Societies Employees service Regulations, 1975, provides as follows:

Probation(1)All persons on appointment against regular vacancies shall be placed on probation for a period of one year : Provided that the appointing authority may, in individual cases, extend the period of probation in writing by such further period not exceeding one year as it may deem fit.

Explanation No post shall be deemed as regular has been in existence continuously for the last five years

(ii) if it appears at any time before or at the end of the period of probation or extended period of probation that a period has not availed the opportunity offered to him for picking up the work or has otherwise failed to give satisfaction directly recruited, be discharged from the service.

(iii) A person removed from service during or at the end of period of probation or extended period of probation under clause (ii) shall not be given any compensation unless he is, under mandatory provisions of any law applicable to his case, entitled for the same.

4. The petitioner has alleged that he was appointed on one year's probation which was Hot extended and was satisfactorily concluded. He was never appointed on temporary basis as it is evident from the appointment letter contained in annexurel to the writ petition.

5. On 29th August, 1984, the Governor of Uttar Pradesh issued Notification no. 1818/XIIDU.vi3(31) promulgating the U.P. Cooperative Dairy Federation Milk Union Centralised Service Rules, 1984. Rule 17(1) of the above mentioned rules 1984 provides:

The employees of the Federation or Unions working on the managerial posts on the date of enforcement of these rules shall provisionally be deemed to be members of the service.

Rule 17(3) of the Centralised Service Rules, 1984 provides :

The Committee shall screen such provisionally absorbed employees......in accordance with the qualifications and norms laid down by the Registrar. If, as a result of such screening, a provisionally absorbed employee is not found suitable for final absorption in the se