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 having not been extended, he shall be treated to be automatically confirmed. After receiving the reply of the petitioner dated 22/10/2012 ... continue to be on probation and there is no concept of automatic confirmation. He submits that the Regulations, 2010 are not applicable. He further submits
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
confirmation. Where the rules are of this nature the question of automatic confirmation would not even arise. Of course, every authority is expected ... bound to issue a confirmation order of the applicant if he is otherwise eligible. Thus, while the confirmation is automatic based on the SPR score
case may be, he shall be deemed to have been automatically confirmed on the expiry of such period."
16. A simple reading of Rule ... more than two years.
17. The issue with regard to automatic confirmation has engaged the attention of the Supreme Court in a large number
probation but
they also do not provide for deemed or automatic confirmation.
xxx xxx xxx
11. Now that takes us to the most vexed question ... School Education Rules, 1973. I have
held that there is no automatic confirmation unless appointment letters so
provide inasmuch as there is no provision
order of confirmation and till that order is passed, petitioners cannot be deemed to be confirmed automatically on the expiry of probation period.
23. Petitioners ... order of confirmation at the end of probation period and the employee will not be deemed to have been confirmed automatically under Rule
