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Registrar,High Court Of Gujarat & Anr vs C.G.Sharma on 17 November, 2004 cites

State Of Maharashtra vs Veerappa R. Saboji And Anr on 6 September, 1979

A large number of authorities were cited before us by both the parties. However, it is not necessary to go into the details of all those cases for the simple reason that sub-rule 4 of Rule 5 of the Rules is in pari materia with the Rule which was under consideration in the case of State of Maharashtra vs. Veerappa Saboji & Anr. (Supra) and we find that even if the period of two years expires and the probationer is allowed to continue after a period of two years, automatic confirmation cannot be claimed as a matter of right because in terms of the Rules, work has to be satisfactory which is a pre-requisite or pre-condition for confirmation and, therefore, even if the probationer is allowed to continue beyond the period of two years as mentioned in the Rule, there is no question of deemed confirmation. The language of the Rule itself excludes any chance of giving deemed or automatic confirmation because the confirmation is to be ordered if there is a vacancy and if the work if found to be satisfactory. There is no question of confirmation and, therefore, deemed confirmation, in the light of the language of this Rule, is ruled out. We are, therefore, of the opinion that the arguments advanced by learned counsel for the respondent on this aspect has no merits and no legs to stand. The learned single Judge and the learned Judges of the Division Bench have rightly come to the conclusion that there is no automatic confirmation on the expiry of the period of two years and on the expiry of the said period of two years, the confirmation order can be passed only if there is vacancy and the work is found to be satisfactory. The rule also does not say that the two years' period of probation, as mentioned in the rule, is the maximum period of probation and the probation cannot be extended beyond the period of two years. We are, therefore, of the opinion that there is no question of automatic or deemed confirmation, as contended by the learned counsel for the respondent. We, therefore, answer this issue in the negative and against the respondent.
Supreme Court of India Cites 14 - Cited by 96 - N L Untwalia - Full Document

State Of Punjab vs Dharam Singh on 2 February, 1968

"Whether an employee at the end of the probationary period automatically gets confirmation in the post or whether an order of confirmation or any specific act on the part of the employer confirming the employee is necessary, will depend upon the provisions in the relevant Service Rules relating to probation and confirmation. There are broadly two sets of authorities of this Court dealing with this question. In those cases, where the Rules provide for a maximum period of probation beyond which probation cannot be extended, this court has held that at the end of the maximum probationary period there will be a deemed confirmation of the employee unless Rules provide to the contrary. This is the line of cases starting with State of Punjab vs. Dharam Singh, AIR 1968 SC 1210, N.K. Agarwal vs. Gurgaon Gramin Bank, 1987 Supp SCC 643, Om Parkash Maurya vs. U.P. Cooperative Sugar Factories Federation, 1986 Supp SCC 95 and State of Gujarat vs. Akhilesh C. Bhargav, 1987 (4) SCC 482. "
Supreme Court of India Cites 6 - Cited by 286 - R S Bachawat - Full Document

Dipti Prakash Banerjee vs Satvendra Nath Bose National Centre For ... on 10 February, 1999

Recently, in Dipti Parkash Banerjee vs. Satyendra Nath Bose National Centre for Basic Sciences (supra) having reviewed the entire available case law on the issue, this Court has held that termination of a probationer's services, if motivated by certain allegations tantamounting to misconduct but not forming foundation of a simple order of termination cannot be termed punitive and hence, would be valid.
Supreme Court of India Cites 24 - Cited by 500 - M J Rao - Full Document

State Of Gujarat vs Akhilesh C. Bhargav & Ors on 26 August, 1987

"Whether an employee at the end of the probationary period automatically gets confirmation in the post or whether an order of confirmation or any specific act on the part of the employer confirming the employee is necessary, will depend upon the provisions in the relevant Service Rules relating to probation and confirmation. There are broadly two sets of authorities of this Court dealing with this question. In those cases, where the Rules provide for a maximum period of probation beyond which probation cannot be extended, this court has held that at the end of the maximum probationary period there will be a deemed confirmation of the employee unless Rules provide to the contrary. This is the line of cases starting with State of Punjab vs. Dharam Singh, AIR 1968 SC 1210, N.K. Agarwal vs. Gurgaon Gramin Bank, 1987 Supp SCC 643, Om Parkash Maurya vs. U.P. Cooperative Sugar Factories Federation, 1986 Supp SCC 95 and State of Gujarat vs. Akhilesh C. Bhargav, 1987 (4) SCC 482. "
Supreme Court of India Cites 4 - Cited by 228 - M Rangnath - Full Document

Om Prakash Maurya vs U.P. Cooperative Sugar Factories ... on 9 May, 1986

"Whether an employee at the end of the probationary period automatically gets confirmation in the post or whether an order of confirmation or any specific act on the part of the employer confirming the employee is necessary, will depend upon the provisions in the relevant Service Rules relating to probation and confirmation. There are broadly two sets of authorities of this Court dealing with this question. In those cases, where the Rules provide for a maximum period of probation beyond which probation cannot be extended, this court has held that at the end of the maximum probationary period there will be a deemed confirmation of the employee unless Rules provide to the contrary. This is the line of cases starting with State of Punjab vs. Dharam Singh, AIR 1968 SC 1210, N.K. Agarwal vs. Gurgaon Gramin Bank, 1987 Supp SCC 643, Om Parkash Maurya vs. U.P. Cooperative Sugar Factories Federation, 1986 Supp SCC 95 and State of Gujarat vs. Akhilesh C. Bhargav, 1987 (4) SCC 482. "
Supreme Court of India Cites 13 - Cited by 77 - K N Singh - Full Document

State Of U.P. And Anr vs Bihari Lal on 5 September, 1994

In the case of State of U.P. & Anr. vs. Bihari Lal, 1994 Supp (3) SCC 593, the employee was found to be of bad category compulsorily retired for not showing improvement despite adverse remarks for several years. The High Court set aside the compulsory retirement and the employee was reinstated on the same day. Apepal filed by the State was allowed. In paragraph 4 of this judgment, this Court held as under:
Supreme Court of India Cites 1 - Cited by 57 - Full Document
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