confirmation. The Supreme Court in the case of Mohd. Salman (supra) has
held that unless the terms of appointment clearly indicate that confirmation
would automatically ... aforesaid proviso, the Rule
postulates that there would be an automatic confirmation after expiry
of the period mentioned in Rule 6(3). Because a maximum
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
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
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
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
appointment letter dated 20.06.2007
shows that there was to be no automatic confirmation of the services of the
respondent No. 1 and his services were ... confirmation as the language of the said Rule does not provide
W.P.(C) 6414/2012 Page 2 of 16
for deemed confirmation or automatic
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
confirmation is specifically issued by the Company.
(b) Unless letter of confirmation or extension of probation is
issued to you, your services shall stand automatically ... required a specific letter of confirmation after completion of probationary
period, a person cannot be deemed to be confirmed automatically after the
probation period
5049/2014 Page 4 of 25
automatic confirmation and that an employee will be deemed to be on
probation unless confirmed in writing ... probation, non-compliance of this stipulation will not, however,
result in automatic confirmation of the employee." (underlining
added)
7. On behalf of the petitioner
years. Not only there is no clause of automatic completion of probation
and hence automatic confirmation in the post of the petitioner, even ... that on completion
of probation an employee is automatically confirmed and automatic
confirmation is only in an extremely rare case where the terms
