ALLAHABAD HIGH COURT
X, Y, JJ
Chief Conservator of Forests, U.P. – Appellant
Versus
Shri D.A. Lyall – Respondent
| Table of Content |
|---|
| 1. issue of automatic confirmation of government servants on probation. (Para 1 , 2) |
| 2. factual background of the respondent's service in multiple departments. (Para 3 , 4 , 5 , 6) |
| 3. arguments presented regarding jurisdiction and authority. (Para 8 , 9 , 13) |
| 4. court's reasoning on the need for competitive authority for confirmation. (Para 10 , 11 , 14) |
| 5. final conclusion regarding the conditions for confirmation post-probation. (Para 23) |
1. The question referred to the Full Bench for answer is, "Whether a Government servant on probation is to be deemed to be confirmed on the expiry of the period of his probation if no orders confirming him in his substantive post or extending his period of probation are passed by the competent authority ?"
2. It has arisen in a special appeal which has been preferred against a judgment of a learned single Judge of this Court, allowing the writ petition filed by the respondent Shri D.A. Lyall under Art.226 of the Constitution. The special appeal, was heard by a Bench of which two of us were members, and. as it was felt that the question is of importance and had once been referred and a larger Bench but could not be decided because of so
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