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ASHISH SHROTI
Gulab Singh Jatav – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. The petitioner is aggrieved by the order dated 28.1.2019 (Annexure P/1), whereby his probation is declared complete and he is confirmed in service w.e.f. 29.4.2007, instead of 2 years after his appointment, i.e. 9.7.2006 as the period of probation was only for two years. He has prayed for a direction to the respondents to correct the date of confirmation of his service and to extend him consequential benefits.
2. The petitioner initially held the qualification of M.A. (English). As per the averments made in writ petition, in a special drive initiated by the Higher Education Department of Government of Madhya Pradesh for filling up the backlog posts of Assistant Professors, the applications were invited vide advertisement dated 10.07.2003 (Annexure P/2). Clause - 7 of the advertisement provided that the candidates are required to ensure that they possess necessary educational qualification. A corrigendum to the advertisement was thereafter issued on 02.10.2003 (Annexure P/3) prescribing the necessary educational qualification for appointment on the post. The qualification prescribed is as under:-
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A probationary government servant is not automatically confirmed upon the expiry of probation; confirmation requires an affirmative order from a competent authority.
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....
Qualifications for lecturer appointments must be met at the time of appointment, and later-acquired qualifications do not retroactively qualify an individual.
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.
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