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Showing contexts for: probationary in State Of Gujarat vs R J Mansuri on 6 July, 2021Matching Fragments
"3. Learned Counsel for the appellant submitted that no order confirming the respondent in the post of Port Officer Grade-II was passed by the appellant and as the respondent continued as probationer in the said post,his services as probationer were liable to be terminated because of unsatisfactory work. It was claimed that the period of probation stood extended beyond 4 years until and unless the respondent was confirmed by a specific order and, therefore, order passed by the learned Single Judge deserves to be set aside. In support of her contention, learned Counsel for the appellant placed reliance on the decisions rendered in the cases of (1) Kedar Nath Bahl vs. The State of Punjab and others, AIR 1972 S.C. 873 and (2) Pratap Singh vs. Union Territory of Chandigarh, (1979)4 SCC 263. Learned Counsel for the respondent, who appeared on caveat, pleaded that the Gujarat Civil Services Classification and Recruitment (General) (Amendment) Rules, 1994, which govern the service conditions of the respondent provide for a maximum period of probation beyond which probation cannot be extended and, therefore, at the end of maximum probationary period, the C/LPA/1780/2017 ORDER DATED: 06/07/2021 respondent must be deemed to have been confirmed in the post and therefore, the appeal should not be entertained.
6. In our view, the principle laid down in the above-referred two decisions would not be applicable to the facts of the present case. In the case of WASIM BEG (Supra), the Supreme Court has reviewed the whole law on the subject. After taking into consideration almost all the decisions rendered by Supreme Court earlier on this point, the Apex Court has ruled that where the rules provide for a maximum period of probation beyond which probation cannot be extended, at the end of the maximum probationary period, there will be a deemed confirmation of the employee, unless the rules provide to the contrary. Whether an employee at the end of the probationary period automatically gets confirmation in the post or whether an order of confirmation or any specific act on the part of the employer confirming the employee is necessary, will depend upon the provisions in the relevant service rules relating to probation and confirmation. In the case of WASIM BEG, the appellant was selected and appointed as Divisional Manager in the respondent-Corporation on January 10, 1978. The appointment letter was as under :
7.In the said case, the relevant Rule relating to confirmation was as follows:
"Confirmation- An employee directly appointed or promoted to any post in the corporation shall be deemed to have become a confirmed employee in that grade after he has successfully completed the period of probation."
On review of the law on the Court has held as under :-
"15.Whether an employee at the end of the probationary period, automatically gets confirmation in the post or whether an order of confirmation or any specific act on the part of the employer confirming the employee is necessary, will depend upon the provisions in the relevant services Rules relating to probation and confirmation. There are broadly two sets of authorities of this Court dealing with this this question. In those cases, where the Rules provide for a maximum period of probation beyound which probation cannot be extended, this Court has held that at the end of the maximum probationary period there will be a deemed confirmation of the employee unless Rules provide to the contrary. This is the line of cases starting with State of Punjab v. Dharam Singh,M.K. Agarwal v. Gurgaon Gramin Bank, Om Prakash Maurya v. U.P. coop.Sugar Factories Federation, State of Gujarat v. Akhilesh C.Bhargav.
17.The other line of cases deals with Rules where there is no maximum period prescribed for probation and either there is a Rule providing for extension of probation or there is a Rule which requires a specific act on the part of the employer (either by issuing an order of confirmation or any similar act) which would result in confirmation of the employee. In these cases unless there is such an order of confirmation, the period of probation would continue and there would be no deemed confirmation at the end of the prescribed probationary period. In this line of cases, one can put Sukhbans Singh v. State of Punjab, State of U.P. v. Akbar Ali Khan, Kedars Nath Bhl v. State of Punjab, Dhanjibhai Ramjibhai v. State of Gujarat and Tarsem Lal Verma v. Union of India, Municipal Corpn. v. Ashok Kumar Misra and State of Punjab v. Baldev Singh Khosla. In the recent case of Dayaram Dayal v. State of M.P. (to which one of us was a party) all these cases have been analysed and it has been held that where the Rules provide that the period of probation cannot be extended beyond the maximum period there will be a deemed confirmation at the end of the maximum probationary period unless there is anything to the contrary in the Rules."