Continuing In Service After Probation Period Doesn't Imply Automatic Confirmation Unless Expressly Provided Or In Exceptional Case: Karnataka HC

The Karnataka High Court has held that a person appointed on probation becomes a permanent employee only after the issue of an express order of confirmation. It held, “By mere expiry of the period of probation and continuing in service after the expiry of the period of probation, a civil servant does not automatically acquire the status of a permanent member of the service, unless the rules expressly provide for automatic confirmation.” Appellant's counsel argued that the order of termination of her client from service is apparently stigmatic and she cannot be made to suffer termination from service by a stroke of pen after having completed all the departmental examination. The bench however opined that an employee during the period of probation has lesser rights qua the employee whose probationary period has been successfully completed. Thus rejecting the appellant's contentions the court said, “It has been a settled position of law although under the service rules probationary period is required to be treated as if it is substantive it is only limited for certain purposes under the civil services rules but a probationer cannot be treated as a person holding the spot substantively.” Court said no rule showing automatic confirmation into service was shown to it.