Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court

The Madhya Pradesh High Court has recently observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period, unless there is a vacancy for the same job. One of the conditions of the appointment order was that in the light of Rule 12 of the Madhya Pradesh Government Servants Rules, 1960, the petitioner's services could be discontinued by giving one month's notice or one month's advance salary in lieu thereof. "Since the petitioner was appointed in the year 2014 and although no specific order was issued thereby confirming him in service but as the probation period of the petitioner was not extended after completion of his three years, therefore, it had to be presumed that the petitioner was confirmed in the service and accordingly, his services could not have been terminated without holding a Departmental Enquiry," petitioner's counsel also submitted. Therefore the Court while relying on Rule 8 and Rule 12 of the 1960 Rules said that temporary employee's services could be terminated by either issuing one month's notice by making payment of one month's advance salary in lieu of notice and remarked that, "If the order dated 02/01/2018 is tested in the light of Rule 12 of the Rules, 1960, then it is clear that neither one month's notice has been given nor one month's salary in advance has been paid in lieu of the notice as required under Rule 12 of the Rules, 1960." Sharma 1 SCC 132 and C. V. Satheeshchandran vs. General Manager, UCO Bank and Others 2 SCC 653, the Court opined that the impugned order required modification and accordingly observed that the petitioner was entitled to one month's salary in lieu of one month's notice and also affirmed the modification order dated April 9, 2018 and August 30, 2018.