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1 - 3 of 3 (0.80 seconds)Sukhbans Singh vs State Of Punjab on 6 April, 1962
It has further been urged on the basis of r. 486 that as the
petitioners had worked for more than two years on probation,
they became automatically confirmed under the said rule, and
reliance is placed on the following sentence in r. 486,
namely, "promoted officers will be confirmed at the end of
their probationary period if they have given satisfaction".
The law on the question has been settled by this Court in
Sukhbans Singh v. State of Punjab(1). It has been held in
that case that a probationer cannot after the expiry of the
probationary period automatically acquire the status of a
permanent member of a service, unless of course the rules
under which he is appointed expressly provide for such a
result. Therefore even though a probationer may have
continued to act in the post to which he is appointed on
probation for more than the initial 'period of probation, he
cannot become a permanent servant merely because of efflux
of time, unless the Rules of service which govern him
specifically lay down that the probationer will be automati-
cally confirmed after the initial period of probation is
over. It is contended on behalf of the petitioners before
us that the part of r. 486 (which we have set out above)
expressly provides for automatic confirmation after the
period of probation is over. We are of opinion that there
is no force in this contention. It is true that the words
used in the sentence set out above are not that promoted
officers will be eligible or qualified for promotion at the
end of their probationary period which are the words to be
often found in the rules in such cases; even so, though this
part of r. 486 says that "promoted officers will be
confirmed at the end of their probationary period", it is
qualified by the words "if they have given satisfaction".
Clearly therefore the rule does not contemplate automatic
confirmation after the probationary period of two years, for
a promoted officer can only be confirmed under this rule if
he has given satisfaction. This condition of giving
satisfaction must be fulfilled before a promoted officer can
be confirmed under this rule and this condition obviously
means that the authority competent to confirm him must pass
an order to the effect that the probationay officer has
given satisfaction and is therefore confirmed. The
petitioners therefore cannot
(1) A.I.R. 1962. S.C. 1711.
Article 32 in Constitution of India [Constitution]
1