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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Shailendra Soni, S/o Shri Manharan Lal Soni – Appellant
Versus
High Court Of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. petitioner's background and claims. (Para 1 , 2) |
| 2. responses and arguments from the respondents. (Para 3 , 4 , 5) |
| 3. court's analysis of arguments. (Para 6 , 9) |
| 4. essence of deemed confirmation jurisprudence. (Para 10 , 11) |
| 5. legal principles surrounding seniority and confirmation. (Para 12 , 13 , 14 , 15) |
| 6. final ruling dismissing the writ petition. (Para 16) |
ORDER :
Narendra Kumar Vyas, J.
1. The petitioner has filed the present writ petition under Article 226 of the Constitution of India for quashing the order dated 09.09.2015 passed by the respondent No. 2 to the extent of extension of probation period and delayed confirmation on the post of Translator with effect from 09.07.2015 in place of 28.02.2014.
2. Brief facts of the case as projected by the petitioner are that:
a) The High Court published an advertisement for the post of Translator and the petitioner alongwith other candidates has applied for the said post. After passing the examination, petitioner and respondent No. 3 were appointed on 29.02.2012 on the post of Translator for probation period of two years, he joined the services on 03.03.2012.
b) The respondent No. 3 was confirmed on the post of Translator
Automatic confirmation of employment after probation is negated unless explicitly granted, with proper evaluation of work conduct essential for confirmation.
The main legal point established in the judgment is that under Rule 10(A) of the Gujarat Civil Services (Classification and Recruitment) General Rules, 1967, the petitioner's services should be treat....
A probationary government servant is not automatically confirmed upon the expiry of probation; confirmation requires an affirmative order from a competent authority.
The termination of a probationer's services is non-stigmatic if it is based on unsatisfactory performance during the probation period and the appointment order does not stipulate a maximum period of ....
Successful completion of probation does not confer automatic confirmation; a separate order is required under specified rules.
Eligibility for promotion under the Rajasthan High Court Staff Service Rules is based on grade rather than specific post, but mere financial upgradation does not confer entitlement to promotion.
The discharge of a probationer must comply with procedural requirements, and insufficient assessment of performance leads to implied confirmation, while discharge based on unsatisfactory work isn't p....
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