Case Note & Summary
The judgment pertains to two writ petitions filed by Jeetendra Krishna Varma (WP 875/2011) and Mayank Mohan Sharma (WP 1427/2015) against Air India Ltd. and others. The petitioners were appointed as probationary employees and their services were terminated during the probation period. The petitioners challenged the termination as illegal, violative of principles of natural justice, and contrary to Articles 14 and 16 of the Constitution. The court examined the legal position regarding probationary employees. It held that a probationer has no right to be confirmed and termination simpliciter without any stigma is valid. The court further held that confirmation is not automatic and requires a positive act of the employer. If the termination is stigmatic, it must comply with Article 311(2) of the Constitution. However, in the present cases, the termination was simpliciter and not stigmatic. The court dismissed both writ petitions, upholding the termination of the petitioners.
Headnote
A) Service Law - Probation - Termination Simpliciter - Probationary employee has no right to be confirmed and termination without stigma is valid - The court held that a probationer has no right to the post and termination simpliciter without any stigma does not attract principles of natural justice. (Paras 10-15) B) Service Law - Probation - Confirmation - No automatic confirmation - The court held that confirmation is not automatic and requires a positive act of the employer. Mere completion of probation period does not entitle an employee to confirmation. (Paras 16-20) C) Service Law - Probation - Stigmatic Termination - If termination is stigmatic, it must comply with Article 311(2) of Constitution - The court held that if the termination is based on misconduct and is stigmatic, it must be preceded by a proper inquiry. However, termination simpliciter during probation is not stigmatic. (Paras 21-25)
Issue of Consideration
Whether the termination of the petitioners during probation period was illegal and violative of principles of natural justice and Articles 14 and 16 of the Constitution of India.
Final Decision
Both writ petitions dismissed. Termination of petitioners upheld.
Law Points
- Probationary employee has no right to be confirmed
- termination simpliciter without stigma is valid
- principles of natural justice not attracted for termination of probationer
- Article 14 and 16 of Constitution not violated by termination simpliciter
- Industrial Disputes Act not applicable to probationers
