Manoj R vs Union Of India & Others

P. Madhavan, Member, J

This Original Application has been filed by the applicant seeking the following reliefs:

(a) Declare that the non-feasance on the part of the rd 3 respondents to issue orders declaring that the applicant has satisfactorily completed

probation on 15.4.2021 is arbitrary, discriminatory and unconstitutional;

(b) Direct the 3rd respondent to issue orders declaring that the applicant has satisfactorily completed probation on 15.4.2021, with consequential

benefits arising therefrom;

(c) Direct the 3rd respondent to consider Annexure A4 representation, after affording proper hearing of the applicant, and pass orders within a time

frame;

(d) Pass such other orders or directions as deemed just and fit by this Hon'ble Tribunal.

The brief facts of the case are as follows:

The applicant was engaged as trainee under the Training and Skill Development Program of HLL by order dated 30.3.2015. On successful completion

of 5 years training and related assessment process, he was appointed as Junior Grade 1 (JG 1) in workmen category in the scale of pay 4250-6750

with effect from 16.4.2020 and he is on probation from 16.4.2020. According to the applicant, he has completed one year probation and he is eligible

for confirmation. In the meanwhile, his wife had filed a complaint before the police alleging dowry harassment and that case is pending as

C.C.No.949/2019. On 14.2.2019, the applicant's parents were assaulted by the 8th respondent and both of them underwent treatment at THQ

Chirayinkeezhu. Under these circumstances, 8th respondent had filed a police complaint alleging offences punishable under the applicant and the

police had filed a final report as Annexure A-3. Annexure A-4 representation, outlining all these aspects, filed by the applicant is pending before the

3rd respondent. The applicant apprehends that the 3rd respondent is likely to pass termination orders to terminate the service of the applicant. Hence

the applicant has approached this Tribunal praying for the reliefs as stated above.

When the matter came up for admission hearing, it appears that Annexure A- 4 representation is pending before the Competent Authority and it is

not considered and disposed of.

In view of the pendency of the representation, the competent authority is directed to consider Annexures A-4 representation in the light of relevant

rules, regulations and law on the subject and pass a reasoned and speaking order within a period of 3 months from the date of receipt of a copy of this

order.

Till that time, no precipitate action shall be taken against the applicant.

The Original Application is disposed of as above. No costs.