Probationer and of a confirmed employee, the legislature
has consciously used the words 'an employee appointed on probation' in
sub-rule ... work of the
employee concerned was satisfactory during the
period under report.
(6) Performance of an employee appointed on
probation shall be objectively assessed
case of an employee of a minority school:
Provided further that no termination from the service of an
employee on probation shall be made ... case of an employee of a minority school:
…]
(2) If the work and conduct of an employee during the period
of probation is found
Rules which deals with probation is as follows:
"105. Probation - (1) Every employee shall, on initial
appointment, be on probation for a period ... case of an employee of a minority school:
Provided further that no termination from the service
of an employee on probation shall be made
probation including the period of extension of probation. If any, the appointing authority is of the opinion that the Officer or employee ... employee will acquire the status of a confirmed employee but not otherwise. As shown earlier, the petitioner was appointed on probation for two years
employee for the job. In light of this, let us examine
the first issue i.e. whether an employee on probation can be terminated
without ... probation. It
is always open to the employer to employ a person without
putting him on probation. Power to put the employee on
probation
doubt, therefore, that "probation" connotes a period of trial. On successful completion of the probation the employee is confirmed in the appointment held ... post during the period of probation.
In its very nature appointment made on probation means that the employee is on trial and till confirmation either
award in favour of the respondent-employee. Once the respondent-employee cleared the period of probation of one and half years, further extension was without ... probation beyond which probation cannot be extended, then at the end of the maximum probation period there will be a deemed confirmation of the employee
more categorical about intention to treat the employee as a confirmed employee on expiry of period of probation. The employee would remain on probation even ... probationer would continue to remain on probation even after the expiry of probation period unless a maximum probation period is prescribed in the rules
provides that an employee shall be confirmed
only if the work and conduct of an employee during the period of
probation is found ... extending the period of probation of an
employee by another year (employee having been
placed on probation on initial appointment for a
period
case of an
employee of a minority school:
Provided further that no termination from
the service of an employee on probation shall be
made ... mandatory for such
extension of probation beyond the initial probation period of
one year.
(iv) that the services of employee would be continued only
