arguments advanced, came to the conclusion that there is no
automatic confirmation on the expiry of the probation period of two years in the first ... when the respondent was allowed to continue, he
stood automatically confirmed and that there was no question of
termination of his services without holding
worked for more than two years on probation, they
became automatically confirmed under R. 486, that their
reversions amounted to reduction in rank in view ... reverted under any
circumstances.
Rule 486 does not contemplate automatic confirmation after
the probationary period of 2 years. The provision in the
rule that promoted
Government in the post. it must be held that he was automatically confirmed in the post after the first sixth months of probation ... that on the expiry of this period of probation he was automatically confirmed. The record, however, shows that the probationary period was extended
year, and that
whether after two years, there is an automatic confirmation of an employee
is indeed a vexed question so far as the Delhi ... inasmuch as the language does not provide for deemed confirmation or
automatic confirmation. Let me therefore at the outset reproduce the relevant
Rule
which govern
him specifically lay down that the probationer will be
automatically confirmed after the initial period of
probation is over…It is true that ... they have given satisfaction”. Clearly therefore
the Rule does not contemplate automatic confirmation
after the probationary period of two years, for a promoted
officer
giving
confirmation keeping in view the quota rule even at the time
of confirmation. A roster is introduced while giving
confirmation ascertaining every time which ... wholly
ignored at the time of confirmation because in that event
while direct recruits will get confirmation automatically,
the promotees would hang out for years
seniority would be reckoned. Now there was no provision for such automatic confirmation of the promotees to the service. A grievance was made that ... giving confirmation keeping in view the quota rule even at the time of confirmation. A roster is introduced while giving confirmation ascertaining every time which
service which govern him specifically lay down that he will be automatically confirmed after the initial period of probation is over. In that case their ... laid it down that such a rule does not contemplate automatic confirmation as "the condition of giving satisfaction must be fulfilled before a promoted
maximum period of probation, the probationer would be
deemed to be confirmed automatically.
15. In somewhat similar circumstances, the Supreme Court in the case ... Supreme Court was discussed holding
that there was no automatic confirmation even after the maximum
period of probation and the Rule stipulates that the employee
maximum period of probation and nor does the same provide for automatic
confirmation in service. I have also however held that considering right to
education ... there is no deemed confirmation and confirmation
will only take place when a specific order in writing is passed confirming the
services of the respondent
