RAHEEM BUX SOOMRO vs THE CHAIRMAN, CENTRAL BOARD OF REVENUE And Another
This petition for leave to appeal arose from the dismissal of the petitioner's service appeal by the Central Service Tribunal. The petitioner, initially an Upper Division Clerk (U.D.C.) in the Income-tax Department, was appointed as an Inspector in 1972. His service was subsequently terminated after he failed to pass the mandatory departmental examination. The petitioner challenged this termination, arguing that his probationary period had expired, thereby precluding termination on the grounds of failing the examination. The Supreme Court examined whether the failure to extend the probationary period prevented the termination of service. The Court held that since the petitioner's appointment terms stipulated that service was 'until further orders' upon the expiry of the probationary period without extension, the employer retained the authority to terminate the service at any time. The Court affirmed the Tribunal's decision, noting that the failure to extend probation did not absolve the petitioner of the requirement to pass the departmental examination, which was a condition of service. Consequently, the petition was dismissed as it raised no question of law of public importance.
- Does the failure to formally extend a probationary period prevent the termination of a government servant's service?
- Can a government employee's service be terminated for failing a mandatory departmental examination if the probationary period has technically expired?
- Does the status of 'until further orders' allow for the termination of a government employee at any time?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 30th September, 1984, of the Central Service Tribunal; whereby the petitioner's service appeal, was dismissed.
2. In 1972, the petitioner was serving in the Income-tax Department as U.D.C. When he was appointed through direct selection as Inspector on an advertised post on 6-5-1972. Despite more than six years of service, he could not pass departmental examination and failed in it whereupon his service was terminated. He made departmental representation which fructified to some extent, namely, that he was again appointed as U . D . C . Not having been satisfied he filed an appeal before the Service Tribunal which having been dismissed he has sought leave to appeal.
3. The solitary contention raised before the Tribunal, was that the, probationary period having passed, the petitioner's service as Inspector could not be terminated due to failure in the departmental examination.
4. It is not denied that passing of the departmental examination was one of the conditions of service.
5. Moreover, the probationary period which was initially for two years could be extended either before or after its expiry failing which according to the rules the service was to be treated 'until further orders'. It is also an admitted position that the probationary period was not extended, therefore, the service of the petitioner as an Inspector was 'until further orders. The Tribunal while disposing of the contention raised by the petitioner observed as follows: - "No doubt, his probation was not extended within time, nevertheless, this fact does not absolve him from appearing in the departmental examination. In fact, when the order of termination was passed, he, in terms of his appointment order, was serving until further orders. As such, the appellant's services could be terminated at any time."
6. Learned counsel appearing for the petitioner could not meet the point made in the impugned order. His only contention was that the petitioner could have again appeared for passing the examination. This was for the departmental authority to permit him or withhold permission to do so. Moreover, this point does not seem to have been raised before the Tribunal nor it raises any question of law of public importance, We, therefore, find no justification for interference and dismiss this petition.
Cited by 2 cases
- Mufti MAHMOODUL HASSAN vs AZAD GOVERNMENT OF THE STATE OF JAMMU 1987 PLC (C.S.) 327
- 1987 PLC(CS) 419 1987 PLC(CS) 419