where the rules
are absent about confirmation or passing of the prescribed
test for confirmation of probation then inaction for a very long
time ... confirmed. The rule itself envisages a
positive order of confirmation. So long as the order of
confirmation is not made, even after expiry of probation
Explanation
which clearly deemed the probation as
continuing beyond the maximum period of
probation as long as no confirmation order
was passed.
11. Similarly ... probation and before its
confirmation, he would be deemed to have
been continued in service as a probationer.
Confirmation of probation would be subject
more than three months; (ii) tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions
While the probation Rules prescribed an initial period of two years of probation, they did not provide any optimum period of probation. But administrative Instructions ... would result in confirmation of the employee. In these cases unless there is such an order of confirmation, the period of probation would continue
probation and the advertisement only
stipulated one year probation and thus the clause 2(a) permitting
extension of probation beyond one year until confirmation ... years' period of probation, as
mentioned in the Rule, is the maximum period of
probation and the probation cannot be extended beyond
the period
sources of recruitment he will have to be confirmed thereon.
5. Confirmation where not necessary- (1) Confirmation will not be necessary if a Government servant ... period of probation or the extended of period of probation. The U.P. State Government servants confirmation Rules 1991, is a special provision holding
order of confirmation. Though the first respondent
cannot claim a deemed confirmation of service
without the issuance of an order of confirmation, the
power ... expiry of the period of probation or
the extended period of probation as the case may be,
confirmed with effect from the date of expiry
that one year of probation period ended on 30.06.2009
but no letter was issued extending the probation period. During the
probation period, no memo/warning ... years' period of
probation, as mentioned in the Rule, is the maximum period of probation
and the probation cannot be extended beyond the period
providing that the
probation period would be treated as deemed
completed at the end of probation period, even
if the probation period is not extended ... that the period of probation
can be extended beyond the maximum
probation period. There is no provision for
deemed confirmation. Hence, I say and submit
probation until so confirmed in writing.
6.5 An order relating to confirmation or extension of
probation will normally be communicated within one month
from ... deemed to be in probation until so confirmed in writing. Order
relating to confirmation or extension of probation will be communicated
within one month from
