An express order of confirmation is required for a probationer, and mere expiry of the probation period does not result in deemed confirmation.

JUDGMENT :

MANSOOR AHMAD MIR, J.

1. Petitioner, by the medium of this writ petition has questioned the judgment and order made by the Central Administrative Tribunal, Chandigarh Bench (Circuit at Shimla) (hereinafter referred to as “the Administrative Tribunal”, for short, in O.A. No. 475/HP/2008 dated 10.8.2009, whereby the O.A. filed by the petitioner came to be dismissed, hereinafter referred to as “the impugned judgment”, for short, on the grounds taken in the writ petition.

2. A brief narration of the conspectus of facts are that the petitioner came to be appointed as TGT (Mathematics), vide appointment letter dated 5.3.2004, on probation, for a period of two years, as per the stipulations contained in the appointment order, which was extendable by another year, at the discretion of the competent authority. The petitioner, consequent upon his appointment, submitted his joining, on 2.4.2004. Thereafter the petitioner was transferred to Jawahar Navodaya Vidyalaya Kunihar, District Solan in the month of May, 2004. The competent authority, after noticing the work, conduct and performance of the petitioner, extended the period of probation upto 2.4.2007 vide order dated 24.5.2006. Thereafter, again, after noticing the work and conduct of the petitioner, the probation period of the petitioner was extended for a period of one year upto 31.3.2008, vide communication dated 28.12.2007.

3. It is worthwhile to mention here that before extension was granted to the petitioner on 24.5.2006 upto 2.4.2007, he was served with a show-cause notice dated 13.9.2004 and was asked to submit written explanation within ten days from the receipt of the notice. The petitioner had filed the reply to the said show-cause notice. After considering the reply and other attending circumstances, the services of the petitioner came to be terminated by the respondents, vide termination order dated 4.7.2008, in terms of the Central Civil Services (Temporary Services) Rules, 1965, occupying the field at the relevant point of time.

4. The petitioner questioned the said termination order by the medium of O.A before the Administrative Tribunal, as stated supra.

5. The respondents filed reply to the Original Application before the Tribunal and the petitioner also filed rejoinder to the same. After examining the pleadings of the parties, documents and the law applicable, the Administrative Tribunal dismissed the O.A. vide order dated 10.8.2009 which is subject matter of the writ petition in hand.

6. Admittedly, the petitioner has not completed his first probation period of two years, in terms of the appointment order satisfactorily. It is apt to reproduce para 2 of the said appointment order herein:

“2. You will be on probation for a period of two years from the date of appointment extendable by another year at the discretion of the competent authority. Failure to complete the period of probation to the satisfaction of the competent authority or found unsuitable for the post during the probation period, will render you liable to discharge from service at any time without notice and without assigning any reason thereto.”

7. The period of probation of the petitioner was extended to one year upto 2.4.2007, vide order dated 24.5.2006. It is profitable to reproduce relevant portion of the said order herein:

“Consequent upon the recommendations of the Departmental Promotion Committee, the probation period of Ms. Suman Sharma, TGT (Maths), JNV Kunihar, Distt. Solan (HP) is hereby extended for one year i.e. upto 2.4.2007 as her performance has not been found satisfactory. During this period the teacher is advised to improve her work and conduct. This is also a final chance being given to her for improving her work and conduct.”

8. The said probation period was again extended vide order dated 28.12.2007, till 31.3.2008 and reasons were recorded for such extension, the relevant portion of the said order reads as under:

“Consequent upon the recommendations of the Departmental Promotion Co