Baginsky

This civilian pay case arises out of the termination during the probation period of a physician’s employment with the Veterans Administration. The plaintiff seeks reinstatement and back pay. The defendant has moved for dismissal or for summary judgment. We grant summary judgment on one count of the petition but otherwise deny the motion.

Plaintiff began employment on April 15,1973, as Chief of Laboratory Services at the Veterans Administration Hospital in Brockton, Massachusetts. Under 38 U.S.C. § 4106(b) (1976), such appointments are subject to a probationary period of 3 years. The statute…