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Confirmation of Employees - Main Points and Insights

Entitlement upon Confirmation: Employees become entitled to their posts and pay scales after confirmation, especially following long periods of service. Rules generally do not allow retrospective pay scale adjustments or different treatment for similarly situated employees upon confirmation. Once confirmed, employees acquire rights to their positions and associated benefits. Abhay Singh VS State of Rajasthan - Rajasthan
Non-regularized/Non-confirmed Employees: Employees who serve for over a decade without regularization or confirmation may seek directions for regularization. Courts have issued directives to authorities to consider such cases, especially when many similarly situated employees have been confirmed or regularized. Ratnank Mishra VS High Court Of Judicature At Allahabad Through Registrar General - Supreme Court
Formal Confirmation Process: Confirmation requires a formal order; automatic or deemed confirmation without specific approval is not valid. Consideration of performance and adherence to rules like the Delhi High Court Establishment Rules is essential. Administrative orders play a crucial role in confirming employees. Shayda Abbasi vs Registrar General, Hon'ble High Court of Delhi - Delhi
Probationary Employees & Non-confirmation: Failure to confirm a probationer does not equate to termination. Confirmation is a separate process, and non-confirmation may be due to procedural or performance issues. Probationary employees can be terminated if not confirmed, but non-confirmation alone does not imply dismissal. Sanjokta Rani VS Managing Committee Bha1 Asa Singh Girls College, Bathinda - Punjab and Haryana
Impact of Amendments & Seniority: Amendments (e.g., 1999) do not affect existing seniority or confirmation rights. Seniority is generally based on original appointment dates, not confirmation dates, protecting employees' seniority rights irrespective of confirmation status. Janardhan Yadeorao Navghare VS State of Maharashtra - Bombay, K.KRISHNAKUMAR Vs UNION OF INDIA - Kerala
Repatriation & Confirmation: Employees transferred or repatriated to different departments or organizations retain their confirmation status if justified, and courts have upheld such confirmations based on service continuity and departmental rules. State of Kerala, Principal Secretary To Government General Administration Department Government Secretariat VS K. M. Mohammed Basheer, Assistant Project Officer (P&M), DRDA - Kerala
Legal Provisions & Confirmation Process: Judicial decisions emphasize the necessity of proper confirmation procedures, including issuance of formal orders. Confirmation signifies recognition of an employee's status, and mistaken confirmation can lead to reversion, especially if procedural errors occurred. National Board Of Examinations VS Rajni Bajaj - Delhi, Sasidharan VS Reserve Bank of India - Kerala
Pension & Confirmation: Pensionary benefits are typically linked to confirmation as a permanent employee. Employees who complete probation successfully and are confirmed are eligible for pension benefits, and disputes often revolve around whether confirmation was valid. PRITHVI RAJ VS STATE OF HP - Himachal Pradesh

Analysis and Conclusion

Confirmation of employees is a critical milestone that confers legal rights, job security, and benefits. Courts consistently emphasize the importance of formal confirmation procedures, adherence to rules, and the distinction between probation and confirmed status. Non-confirmation does not automatically imply termination, but procedural lapses or performance issues can influence the process. Seniority is generally anchored to original appointment dates, ensuring protection for employees' rights irrespective of confirmation status. Overall, proper administrative procedures and legal compliance are essential for valid confirmation, impacting employees' service rights and benefits.

References:

Search Results for "Confirmation of Employees"

2002 0 Supreme(Raj) 63 • India - Rajasthan

ARUN MADAN

employees become entitled to rights to the post and the pay scale fixed – After lapse of constant long period the reduction of pay ... Service Matters – Reduction of pay scale on confirmation after lapse of more than ten years from retrospective effect – Held – Rules ... do not prescribe different pay scales for similarly situated incumbents nor permit to pass order from retrospective effect – On confirmation ... It was held that the respondents/emplyees on confirmation became entitled to rights to the ....

Ratnank Mishra VS High Court Of Judicature At Allahabad Through Registrar General

2025 0 Supreme(SC) 2093 • India - Supreme Court

J. K. MAHESHWARI, VIJAY BISHNOI

The controversy arises because of non-regularization or non-confirmation employees (“Appellants”) on post of Operator-cum-Data Entry ... directions – However, present case is exceptional – Appellants have rendered over a decade of service – Numerous similarly placed employees ... The controversy in present case is that while numerous similarly situated employees appointed in similar fashion ... Thereafter, the Division Bench issued directions to the Registrar General to take appropriate steps with regard to co....

Shayda Abbasi vs Registrar General, Hon'ble High Court of Delhi

• India - Delhi High Court

S.MURALIDHAR, TALWANT SINGH

of employees - The Court highlighted the requirement for a formal confirmation process and the necessity of consideration of performance ... the absence of automatic confirmation without specific orders. ... Delhi High Court Establishment (Appointments and Conditions of Service) Rules, 1972 - Interpretation of rules regarding deemed confirmation ... Learned counsel for the Respondent has placed before this Court a copy of the office order dated 29th January, 1996 issued by this Court on its administrative side laying dow....

Sanjokta Rani VS Managing Committee Bha1 Asa Singh Girls College, Bathinda

2010 0 Supreme(P&H) 791 • India - Punjab and Haryana

RANJIT SINGH

of probationary employees. ... Affiliated Colleges (Security of services of Teacher) Act, 1974, particularly Sections 3 and 4, which regulate the termination and confirmation ... Ratio Decidendi: The court clarified that the failure to confirm a probationary employee does not amount to termination or ... No order of confirmation was passed till 3.9.1979 when she was informed that her services are no longer required. ... It is viewed by the Court that proposal to inflict punishment on an employee alone ....

Janardhan Yadeorao Navghare VS State of Maharashtra

2014 0 Supreme(Bom) 1920 • India - Bombay

B.P.DHARMADHIKARI, P.R.BORA

Finding of the Court: The court found that the 1999 amendment did not affect the seniority and confirmation of employees ... of employees. ... of employees. ... Similarly, if such senior employee cannot be confirmed till he passes the examination, a candidate like the petitioner who passes examination in stipulated chances must gain advantage therefore and his confirmation is definitely bound to rank senior to such employees who take more chances or period. ... #HL_....

2009 Supreme(Online)(KER) 31497 • India - High Court of Kerala

P.R.RAMACHANDRA MENON, J

ruled that seniority must be based on the original appointment date, aligning with established judicial principles that protect employees ... Staff Notice and Appointment Dates - The court emphasized that seniority must be fixed based on the date of appointment rather than confirmation ... Finding of the Court: The court found that the management's policy of determining seniority based on confirmation rather ... on the basis of the date of confirmation) cannot be upheld. ... The claim of the petitioner is resisted by r....

State of Kerala, Principal Secretary To Government General Administration Department Government Secretariat VS K. M. Mohammed Basheer, Assistant Project Officer (P&M), DRDA

2012 0 Supreme(Ker) 482 • India - Kerala

MANJULA CHELLUR, A.M.SHAFFIQUE

The employees sought repatriation to the Administrative Secretariat, contending that their confirmation in the Rural Development ... Finding of the Court: The court found that the confirmation of the employees as full members in the Rural Development ... confirmation as full members in the transferee department was justified. ... Nos. 1823/2011 and 1825/2011, are the employees of the Administrative Secretariat who had gone away from the Administrative Secretariat and then came back t....

National Board Of Examinations VS Rajni Bajaj

2012 0 Supreme(Del) 414 • India - Delhi

BADAR DURREZ AHMED, V.K.JAIN

of employees. ... State of UP and Others: AIR 2000 SC 1706 - The court discussed the legal provisions related to the confirmation of employees appointed ... of confirmation is necessary. ... In such cases, again, two situations would rise: one, that he would attain the status of an employee being eligible for confirmation and second, that actually he will attain the status of a confirmed employee. ... A letter dated 30.1.2012 issued by the concerned Deputy Director wa....

1990 0 Supreme(Ker) 191 • India - Kerala

VISWANATHA.IYER

Mistaken Confirmation - Reversion of Employees - Ext.P3 - The Kerala High Court discussed the provisions of appointment, confirmation ... , and reversion of employees in the case of mistaken confirmation of petitioners as Statistical Assistants and their subsequent reversion ... a mistake that affected the rights of other senior employees. ... Those facts clearly show that the so-called confirmation by the Financial Commissioner of Pepsu was no confirmation#....

2003 0 Supreme(HP) 9 • India - Himachal Pradesh

NARINDER SINGH THAKUR

A dispute arose regarding their entitlement to pensionary benefits based on their confirmation as permanent employees. ... as permanent employees. ... Issues: The main issue was whether the applicants were entitled to pensionary benefits based on their service and confirmation ... In other words an officer who has successfully completed the probation may be considered for confirmation and since all the persons who complete probation in the first appointment will be declared as permanent, the present di....

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