Order on Board

01 .03.2021

1. The challenge made in this writ petition is to the order dated 01st August 2011 passed by Respondent No.l whereby the petitioner was removed from service of establishment of the High Court as per Condition no.2 of the appointment order dated 27th September, 2005 (Annexure P-1).

2. Learned counsel for the petitioner would submit that the petitioner was initially appointed on 27.09.2005 to the post of Peon on probation of two years and subsequently after expiry of two years, by order dated 04th December, 2007 the probation period was further extended for one more year with effect from 29.09.2007 which automatically came to be ended on 28.08.2008. Thereafter the petitioner continued in the establishment and worked till the date of order of removal i.e., 01st August, 2011. He further submits that as per Rule 10(1) of the Chhattisgarh High Court Establishment (Appointment and Conditions of Service) Rules 2003 the period of capping for probation is 3 years and if some one worked beyond the probation period of 3 years, then in such a case, as per the law laid down by the Supreme Court in the State of Punjab versus Dharam Singh AIR 1968 SC 1210, the deeming fict