CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/01091/2023 Jabalpur, this Thursday, the 4^th day of December, 2025 HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER Banwari Lal Meghwal, S/o Shri Radha Kishan Meghwal, aged about 28 years, Occupation - Nursing Officer (Staff Nurse Grade - II), R/o 378 -

2/C Saket Nagar, Bhopal District Bhopal (M.P.) Pin Code- 462024 -Applicant (By Advocate – Shri Sanjay Singh)

V e r s u s

1. Union of India, Through the Secretary, Ministry of Health & Family Welfare (PMSSY Division), Nirman Bhawan, Moulana Azad Road, New Delhi Pin Code - 110011

2. The All India Institute of Medical Sciences, through its Director, Saket Nagar, Bhopal, District – Bhopal (M.P.). Pin Code - 462024

3. President, All India Institute of Medical Sciences, through its Director, Saket Nagar, Bhopal, District - Bhopal (M.P.). Pin Code – 462024 - Respondents (By Advocate – Shri N K Mishra)

O R D E R By Mallika Arya, AM:

Through this Original Application, the applicant is assailing the notice of termination of service issued by the respondents wherein it has been informed to the applicant that his services shall stand terminated i.e. after date of expiry of a period of one month from the date on which the notice has been served. The impugned notice was issued and served on the applicant on 31.10.2023. Accordingly, his services would stand terminated on 30.11.2023.

2. Briefly stating, the facts of the case are that the applicant was appointed in the respondent department on 09.12.2019 on probation for a period of 2 years. He joined his duties on 14.01.2020 in pursuance of the appointment order. Though the applicant completed probation period of two years but the probation period was neither extended nor any certificate for successful completion of probation period was issued to him. Suddenly the respondents issued impugned notice of termination of the services treating him still on probation. As per letter dated 09.12.2019 (Annexure A/1) the applicant was offered appointment to the post of Nursing Officer (Staff Nurse Grade-II), at All India Institute of Medical Sciences (AIIMS) Bhopal. In the offer of appointment dated 09.12.2019, 19 conditions were stipulated. As per condition No. 2 it has been mentioned as follows:

"During the period of probation, you will be treated as a temporary employee and your services will be governed by the Central Civil Services (Temporary Services) Rules, 1965. Your appointment is liable to be terminated, in case of misconduct, non-satisfactory performance or if your antecedents are reported to be un-satisfactory at a later stage."

And as per the condition No.3 of the appointment letter, it has been mentioned as follows:

"after successful completion of your probation period, your appointment may be terminated at any time giving 3 months notice by either side, viz the appointee or the appointing authority without assigning any reason whatsoever. It will be open to the institute to pay salary in lieu of notice for the period by which the notice falls short.

….".

The applicant accepted all conditions as contained in offer letter dated

09.12.2019 and submitted the necessary documents to the respondents for completion of necessary formalities. Thereafter, vide office order dated 21.01.2020 (Annexure A/2) the applicant was posted in the establishment of Medical Superintendent, AIIMS, Bhopal. Though the probation period expired in the month of January 2022 however no order has been passed in writing by the competent authority regarding successful completion of probation period of the applicant. The authorities were under lawful obligation to issue necessary orders either for extension of probation period or for completion of probation period. The applicant relies on the guidelines of DoP&T dated 21.07.2014 (Annexure A/3) wherein it has been mentioned that it is a mandatory requirement for issuance of a certificate for comp