Late Government Approval Only Delays a Probationer's Dismissal: Supreme Court Upholds Khetri College Termination, Awards ₹5 Lakh

The respondent, appointed on probation at Vinodiny Post Graduate College, Khetri, run by the appellant society, was dismissed on 26.03.1998; the State Government approved the dismissal only on 27.08.1998 (paras 4, 6). The Rajasthan High Court interfered with the dismissal and directed his reinstatement with 50% back wages (para 3). The college argued that at most he could be treated as in service until the approval and offered a lump sum in lieu of reinstatement; he alleged discrimination and bias and said Rule 39, not Rule 30, applied (paras 6-9).

The Court held that the High Court's order could not be sustained (para 10). The respondent remained a probationer, and the lack of prior approval was not fatal to the termination itself; at best the employee is deemed to be in service until the competent authority, here the State Government, grants approval (para 11). Approval was in fact granted, though after the event, so the termination could take effect only from the date of approval and not from the management's order (para 12). Clarifying the law, the Court held that the case fell under Rule 30, with termination effective from the date of the State's approval (para 13). Since he had been out of service for almost 30 years and may have suffered adverse consequences, he needed to be suitably compensated, and ₹5 lakh as a lump sum would meet the ends of justice (paras 14-15).