STATE OF PUNJAB versus BALDEV SINGH KHOSLA

STATE OF PUNJAB versus BALDEV SINGH KHOSLA

Under Rule 10, mere completion of three years of probation does not result in deemed confirmation; confirmation requires a positive order from the appointing authority based on satisfactory performance.

Parties
Appellant: State of Punjab; Respondent: Baldev Singh Khosla
Jurisdiction
India
Judgment Date
19 April 1996
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal disposed of
Legal Topics
Probation, Confirmation of Service, Promotion, Punjab State Co Operative Service (class Ii) Rules, 1958
Service Law Probation Confirmation of Service Promotion Punjab State Co Operative Service (class Ii) Rules, 1958

Case Brief

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Parties

State of Punjab

Appellant

Baldev Singh Khosla

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether a probationer must be deemed confirmed after expiry of maximum three-year probation period under Rule 10 of Punjab State Co-operative Service (Class II) Rules, 1958
  2. 2 Whether extension of probation and subsequent reversion is valid under the rules

Ratio Decidendi

Under Rule 10, mere completion of three years of probation does not result in deemed confirmation; confirmation requires a positive order from the appointing authority based on satisfactory performance.

Court Disposition

Appeal disposed of

Orders

  • Appointing authority directed to consider respondent's fitness for confirmation based on performance for subsequent period (1993-94) and to pass appropriate orders; if performance not satisfactory, appropriate orders to be communicated.