RAM SWAROOP Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner was appointed on the post of Messenger Boy on 15.9.1989 on the term and condition that his first two years of the period of service will be treated as probationary period and in case his service is found satisfactory, his service will be temporary vide Annexure-1. Thereafter by order dated 4.10.1991 (Annexure-6), he was informed that his work was not found satisfactory, but to give him an opportunity to improve his work, his service was extending by six months. Thereafter by letter dated 31.12.1991 (vide Annexure-8). he was warned that he has not shown improvement in his work, and he should improve it failing which his service shall be terminated. He was granted another extension of his probation for 1 year vide letter dated 26.3.1992 (Annexures 9 and 10) in which he was agafn told to improve his work. His probation was again extended for 4 months vide Annexure-11, i.e., till 21.6.1993. Thereafter his service was terminated by order dated 21.9.1993 (Annexure-15) against which he filed a petition before the Central Administrative Tribunal but his petition was dismissed. Hence this writ petition has been filed.

(3.) It is settled law that a person who has been appointed on probation for a certain specific period cannot claim to be automatically confirmed even after expiry of the period of probation mentioned in the letter of appointment. A probationer continues on probation even after the period of probation has expired. The only exception to this rule is where the maximum period of probation is prescribed under a statutory rule and in such case if the employee remains in service after the maximum period of probation is over, he gets automatically confirmed on the expiry of that maximum period. In the present case, the petitioner has not been able to show any statutory rule providing for a maximum period of probation. Hence it cannot be said that the petitioner was automatically confirmed.