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SUVIR SEHGAL
Rakesh Kumar – Appellant
Versus
Punjab and Haryana High Court – Respondent
JUDGMENT
Suvir Sehgal, J.
Petitioner has approached this Court under Article 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari quashing impugned order dated 16.12.2022, Annexure P-11, passed by District and Sessions Judge, Moga-respondent No.2 whereby permission for submission of application against 21 posts of Punjab Civil Services (Executive Branch) (for short "PCS(EB)") from Register A-II (Process Year-2021) has been declined. Petitioner has further sought issuance of a writ in the nature of mandamus directing respondent No.2 to forward the off-line application form dated 05.12.2022, Annexure P-10, along with Annexure A, B and requisite certificate while treating the petitioner as eligible, being a confirmed employee, to respondent No.1 for further forwarding the same to respondent No.3-Punjab Public Service Commission, before the last date i.e. 12.01.2023 and for a consequential direction to respondent No.3 to consider the candidature of the petitioner for the post.
2. Facts leading to the filing of the present petition are that the petitioner was appointed on the post of Clerk by respondent No.2 vide appointment letter dated 13.03.2013,
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.
Automatic confirmation of employment after probation is negated unless explicitly granted, with proper evaluation of work conduct essential for confirmation.
Point of Law : Petitioner was on probation, therefore, his service can be terminated, cannot be accepted in the light of Rule 3(3) & 4 of Rules, 2013 alongwith Schedule-B for promotion.
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....
Continuation of service beyond probation does not equate to confirmation without an explicit order from the appointing authority.
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