DOPT issued new guide lines in view of the Supreme Court judgement on 8.7.2010 in civil appeal No.596 of 2007 (appeal of Khazia Mohameed Muzammil v/s State of Karnataka & Anr.) examined the contention of automatic/deemed confirmation after the expiry of the probation period. After examining the various judgements, the Apex Court were of the considered opinion as to what view has to be taken would depend upon the facts of a given case and the relevant ruler in force.
In Para No.22 of the Judgement the Apex court obseved as follows
"Before we part with this file, it is required of this Court to notice and declare that the concerned authorities have failed to act expeditiously and in accordance with the spirit of the relevant rules. Rule 5(2)of 1977 Rules has used the expression 'as soon as possible' which clearly shows the intent of the rule framers explicitly implying urgency and in any case applicability of the concept of reasonable time which would help in minimizing the litigation arising from such similar cases. May be, strictly speaking, this may not be true in the case of the appellant but generally every step should be taken which would avoid bias or arbitrariness in administrative matters. no matter, which is the authority concerned including the High Court itself. Long back in the case of Shiv Kumar Sharma v/s Haryana State Electricity Board(1988) Supp. SCC 669] this Court had the occasion to notice that due to delay in recording satisfactory completion of probation period where juniors were promoted, the action of the authority was arbitrary and it resulted in infliction of even double punishment. The Court held as under:
'While there is some necessity for appointing a person in government service on probation for a particular period, there may not be any need for confirmation of that officer after the completion of the probation period. If during the period a government servant is found to be unsuitable, his services may be terminated. On the other hand. if he is found to be suitable, he would be allowed to continue in service. The archaic rule of confirmation, still in force, gives a scope to the executive authorities to act arbitrarily or malafide giving rise to unnecessary litigations. It is high time that the Government and other authorities should think over the matter and relieve the government servants of becoming victims of arbitrary actions.'
For further details and order copy please click the below link and down load