IMPORTANT POINT
Where a person is appointed as a probationer in any post and a period of probation is specified, it does not follow that at the end of the said specified period of probation he obtains confirmation automatically even if no order is passed on that behalf.
2. Unless the terms of appointment clearly indicate that confirmation would automatically follow at the end of the specified period or that there is a specific service rule to that effect, the expiration of the probationary period does not necessarily lead to confirmation.

ORDER

1. We propose to dispose of both the appeals by this common judgment and order as the issues involved are inter-connected.

2. The issue that arises for consideration in these appeals is whether the appellant is entitled to claim deemed confirmation of his service as an Assistant Teacher in the respondent no. 1 institution on an interpretation of Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali. However, before we deal with the contentions on the legal issues which arise for our consideration, it would be necessary to state certain facts for proper appreciation of the issues.

3. The appellant was appointed on 1st March, 1989 as an Assistant Teacher in the primary section of Madarsa Hanifa Ahle Sunnat Bahrul Uloom, Mau. A copy of the appointment order dated 22.2.1989 is placed on record. The said order not only states that by virtue of the said order, the appellant was appointed in the said Madarsa to the post of Assistant Teacher Tahtania(primary) but it was also mentioned therein that the said appointment is purely on probationary basis. In the said letter, the appellant was further informed that his services could regularised but only if his performance during probation period was found to be good/satisfactory. It was also indicated therein that if his performance during the aforesaid period is not satisfactory, then he could be terminated from the service of Madarsa anytime without assigning any reason.

4. The appellant was appointed initially on probation for a period of one year. The said period of probation was extended for a further period of one year. The respondent no. 1 in the counter affidavit filed has annexed a series of letters issued on behalf of respondent no. 1 to the appellant. One of such letters is dated 10.4.1992. By writing the aforesaid letter, the respondent no. 1 informed the appellant that his application for extension of probation period was received but since his teaching work was not satisfactory, therefore, respondent no. 1 had decided to give him a chance again to improve his work so that in future his services could be made permanent. By the said letter, his probation period was extended for one year more.

5. There is yet another letter which is also placed on record which is dated 13.2.1993 wherein by referring to the earlier letter dated 10.4.1992, respondent no. 1 informed the appellant that earlier the committee extended his probation time and again to improve his performance and teaching work but it appeared to them that the appellant did not possess teaching capability at all. By the said letter, the appellant was directed to show cause as to why his service should not be dispensed with from the Madarsa.

6. Even thereafter, there is a letter issued on 3.4.1993 wherein his attention was drawn to the earlier letters directing him to improve his performance to which according to respondent no. 1, the appellant did not pay any heed or attention. The appellant was, therefore, intimated that his service now stood terminated in terms of clause 26 of Rules, 1987.

7. The aforesaid order came to be challenged by the appellant by filing a writ petition in the Allahabad High Court which was allowed on the ground that on expiry of the two years’ period of probation, there is an automatic confirmation of the service of the appellant and, therefore, the decision of this Court in the case of The State of Punjab Vs. Dharam Singh1 AIR 1968 1210 becomes applicable. Consequent upon the aforesaid findings, the order of termination dated 3.4.1993 was set aside with a further direction that the appellant be reinstated in service.

8. Being aggrieved by the said judgment and order passed by the learned Single Judge of the Allahabad High Court, the respondents filed an appeal before the Division Bench which was entertained and was registered as Special Appeal No. 329 of 2005. By the impugned judgment and order, the appeal was allowed and judgment and order of the lea