Law:

Section:

University of the Punjab Ordinance (XV11 of 1972) -- Chap. 11, cl. 3(v)-Probationary period-Confirmation-Question of confirmation under first part of cl. 3(v) of Chapter II of Ordinance, must be considered within period of probation and no express order of confirmation required to be passed in case no order of extension or termination of service passed within period of probation.-[Civil service]. Hassan and others v. Fancy Foundation P L D 1975 S C I ref. JUDGMENT GUL MUHAMMAD KHAN, J .-The appellant was selected and appointed, as a lecturer in the Law College, against a permanent post, by the Syndicate, on the recommendation of the Selection Board of the Punjab University, vide order dated 30th September, 1976. He joined his assignment on 29th of September, 1976. It was subject to two years probation. 2. On 23rd August, 1979 the respondent No. 1 sent a letter to the appellant informing him that his probation had been extended by one year. On 27th August, 1979 he was given one month's salary and asked to relinquish charge as his work and conduct was not satisfactory. 3. The appellant challenged the above order in Writ Petition No. 4984/79 but the same was dismissed on 9th of October, 1979. He challenges that order through this Intra-Court Appeal. 4. It is contended by the learned counsel that; (i) the two years probation having concluded on 28th of September, 1978 and no order of extention having been made prior to that, the appellant stood confirmed in his appointment and his service could not be terminated on the basis of unsatisfactory work and conduct, without resorting to the procedure, as laid down in the University of the Punjab Employees (Efficiency and Discipline) University Ordinances, 1961 (hereinafter called Efficiency and Discipline Ordinances), (ii) the Syndicate being the appointing authority, the Vice-Chancellor has no jurisdiction to terminate the services of the appellant. (iii) In any case, the jurisdiction exercised by the Vice-Chancellor was colourable and mala fide as he extended probation on 23rd August, 1979 and passed the order of termination only four days thereafter. 5. The provision about probation and confirmation is contained in…

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