Termination of service during probation period


I was a Govt. officer (Probationer) serving under one year probation in a state Govt. Autonomous Body (PSU) against a regular sanctioned post. While I was discharging my duties as per the duty office orders, on 10th month of my service, surprisingly when I was on leave, the appointing authority vindictively have terminated my service with immediate effect on un-satisfactory performance ground (before completion of one year probation period) by transferring to my account one month salary in lieu of one month notice period which was a condition in my appointment letter. I was on medical leave when they issued such termination order.

Since I was on medical leave and could not receive their Termination Order, they publically advertised in multiple leading news papers referring such Termination letter with some bad accusations/ charges which will affect my future career. The charges are "you have deliberately tried to avoid to accept the order of termination of your probation as Dy. Director" and "you have not furnished your present place of residence to this office". The fact that I have never changed my residence and I had no idea that they have terminated me as I was on medical leave and many times I was visiting Doctors from same residence for my speed recovery and other tests.

Plz. note that same authorities were annoyed and planning to through me out as I could not meet their personal desire/requirement, which was illegal in nature.

Our service regulations with specific rules for probationers on regular employment says,

Clause-C: In case of unsatisfactory performance the probation period may be extended further in installments for another year.

Clause-D: Authority may terminate probationer's service by giving one month notice period without showing any reason and no compensation shall be paid.

Please note that even there is a clear above service rules available, in the appointment letter, authority had added arbitrarily a sentence at the time of appointment "your appointment is purely temporary and terminable at any time with one month notice period", which is contradicting Clause-D above though they have referred Clause-D and terms of appointment letter at a time in the termination news publications. Further Clause-C & Clause-D are independent clauses in the service regulation book and not either/ or under a single clause.

Please advice me what is the merit of the case in legal forum?

My question is:

(1) can the appointing authority terminate me with immediate effect by paying one month salary though there is no such provision in service regulations and appointment letter?

(2) can the employer publically charge/derogate me that I have deliberately avoided to receive their letter and I have not intimated them my new residence address when the fact is otherwise?

 

Plz. note that I have no other source of income except monthly salary which has been stopped now due to this termination news. I can not get back my previous job as I had resigned earlier after getting this job.

It's urgent to get response from the concerned persons. Please advise. Regards to all.

 
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Lawyer

1)It depend up on the TOR of ur appointment.

 

2) No it amount to defemation of ur personality and amount to social damage.

 

If u like my suggesation then give THANK on my LCI profile.

 


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FIN

Apparently the clauses etc are to give the order flavor of Non Stigmatic Order.

Your narration hints to Stigmatic Order and intended defamation.

 

You may approach a very able counsel specializing in Labor/Service matters with all docs on record , and your inputs, for a considered opinion.

 

In the meantime you may carefully go thru:

 

ADITYA BERI  VERSUS AIR INDIA AND ORS

http://www.delhicourts.nic.in/MAY13/Aditya%20Beri%20Vs.%20AIR%20India.pdf

 

 

 



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    Reference to starting query and reply on Public Termination Notice, can the same public notice containing derogatory sentenses which makes defamation of personality & social damage, be treated as Stigmatic and hence liable for quashing? Plz. reply.

     
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    FIN

    The objectionable comments may be a reason to claim for damages.

     

    You may approach a very able counsel specializing in Labor/Service matters with all docs on record , and your inputs, for a considered opinion.


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    advocate

    You have to file a writ before the high court. In your case there is a cause “Clause-C: In case of unsatisfactory performance the probation period may be extended further in installments for another year.

    1. That means your probation can extended further.
    2. You have not got the opportunity to reply the show cause.
    3. Arbitrarily they terminated you from service which is violation of natural justice.
    4. You have to produce the medical certificate for which the court can give you one more chance to defend yourself.
    5. In the termination letter they have not mention the reason for which they terminated you.

     

    These are the ground for which you can file the writ before the high court. So its better contact with your local advocate (service matter).

     

    Jyotirmaya Prasad Behera

    Advocate, Orissa High Court

    9861819294


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