A probationer's service can be terminated for unsatisfactory performance without notice, within the limits of maximum probation duration defined by employment terms.

2. Shorn of unnecessary details, the facts, leading to the present Appeal are as under:-

a. The Appellant was appointed as Apprentice Development Officer with the Respondent No.2 herein on 26.11.2019. On 31.01.2020, the Appellant herein was appointed as Probationary Development Officer with the Respondent No.2. The said appointment was on probation for a period of twelve months extendable to maximum 24 months. It is pertinent to mention that the appointment letter specified the targets to be achieved by the probationary officers for completion of probation.

b. Material on record indicates that due to COVID-19, vide letter dated 11.06.2021, relaxations were given to all the probationers and this relaxation was extended periodically.

c. Vide letter dated 14.09.2021 the Appellant herein was communicated that on review of her performance, it has been found that she has underperformed as per the assigned targets and as a special case, the competent authority has taken a lenient view and has decided to extend the probation of the Appellant herein till 31.10.2021. The said letter also laid down the fresh targets to be achieved by the Appellant herein.

d. Vide letter dated 24.11.2021, once again the Appellant herein was informed that her performance has not been up to the mark and she hasn’t met the assigned targets. However, once again, a lenient view was has been taken by the competent authority and the probation of the Appellant has been extended up to 31.01.2022. In the said letter, the Appellant was informed that her probation would not be extended further under any circumstances. The said letter also laid down the targets to be achieved by the Appellant.

e. Vide letter dated 31.01.2022, the Appellant was informed that her performance during the entire probation period from 01.02.2020 to 31.01.2022 has been reviewed by the competent authority and it has been observed that she has not been able to complete her targets even after taking repeated extensions. The said letter indicates that the successful completion of probation is a pre-requisite for confirmation which the Appellant has failed to achieve despite repeated extensions of probation. The letter further indicates that since the Appellant herein failed to perform her duties and obligations as per conditions enumerated in the appointment letter, her services were terminated with effect from 01.02.2022 in accordance with the terms of the appointment letter.

f. The said letter dated 31.01.2022 was challenged by the Appellant herein by filing W.P.(C) 12330/2023.

g. Before the learned Single Judge, the Appellant herein raised a contention that the targets were not met on account of Covid-19. It was also contended that the Respondent No.2 had provided relaxation in business targets to the other employees, however, the Appellant was not provided any such relief, leading to discrimination. It was also submitted by the Appellant before the learned Single Judge that the Appellant’s mother was murdered in 2021 which significantly affected her mental well being leading to non-completion of targets. It was also submitted that the Appellant had given a representation dated 15.02.2022 to the concerned authority in the Respondent No.2, but no relief was provided to the Appellant. It was also contended that the agents dedicated to the Appellant herein were allocated to other officers by the respondent Corporation, thereby leading to affecting the overall work. In reply, the Respondents objected to the Writ Petition by contending that there was no illegality or error in the Order dated 31.01.2022, p