The Hindu Business Line : ‘Termination of probation for unsatisfactory work was not illegal’

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‘Termination of probation for unsatisfactory work was not illegal’

Our Legal Correspondent

Chennai, Dec. 18 An order of termination of service of a marine engineer on probation by the Tuticorin Port Trust as he was “considered unfit” for further retention was upheld by the Madurai Bench of the Madras High Court.

Holding that no case was made out to interfere with the impugned order of termination, Mr Justice K. Chandru recalled that the writ petitioner Mr K. Harigovindan did not prefer any appeal against extension of probation as contemplated under Regulation 8(2) of TPE Employees (RSP) Regulation 1979. Finally, the order bringing an end to probationer’s service was sought to be challenged.

On behalf of the Port Trust, it was contended that the petitioner was unfit to be retained in service on the basis of his performance. The petitioner submitted that extension of probation was done on retrospective basis. Hence, extension itself was illegal. The petitioner was employed in the Port Trust by the order dated 28-11-2001 which said that he would be kept under probation for two years from the date of joining duty, and it might be extended at the discretion of competent authority.

The Judge cited a judgment of the Supreme Court in [(2002) 1 SC Cases 520] in which it was stated that appellant’s ‘work and conduct had not been found to be satisfactory’. It was, therefore, safe to conclude that the impugned order was not ex facie stigmatic…, the Court had held. In the light of same, no case was made out to interfere with the impugned order of termination. Hence, the petition would stand dismissed.

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