1) The law on deemed confirmation of a probationer is clear and stands very clearly noted in the decision reported as 2001 (7) SCC 161 High Court of MP Vs. Satya Narayan Jhavar, followed with approval by the Supreme Court in the decision reported as (2005) 13 SCC 179 Rajender Singh Chauhan & Ors. Vs. State of Haryana & Ors. Three situations result in two different results is the ratio which can be culled out from the said two decisions. Situation one is where in the service rules or in the letter of appointment a period of probation is specified with a power to extend the same without prescribing any maximum period of probation and no order is passed confirming the probationer. The second situation is where the rules for initial probation and extension thereof provide a maximum period for extension and also provide that beyond the maximum period it is not permissible to extend the probation. The third is where the rules prescribe a maximum period of probation but also require a specific act on the part of the employer to issue an order confirming the appointment. It was held that cases falling under situation one or three cannot be treated as a case of deemed confirmation. Only under situation two would it be treated as a case of deemed confirmation.
2) The logic of the reasoning is clear. If, as in situation two a maximum period for probation is provided with a negative stipulation that beyond said period probation cannot continue, it follows automatically that if the probation continues beyond the maximum period it has to be treated as a case of deemed confirmation for the reason the negative stipulation prohibiting continuation of probation beyond the maximum period prescribed must take its effect.
3) Rule 108 of the Central Reserve Police Force Rules, 1955 relates to officers appointed or promoted to a superior post and sub-Rule (1)) thereof requires the appointment or promotion to be initially on probation for a period of two years. Sub-Rule (2) of Rule 108 requires an appraisal post probation period being offered for permanent appointment. Sub-Rule (3) of Rule 108 empowers the Government to extend the period of probation
4) i it is necessary to peruse your appointment letter . whether it is mentioned that your probationary period can be extended?
5) whether in your case order of confirmation is necessary ?
6) Where no action is taken by Government under sub-rule (2) or (3) or (4), of rule 108 the period after the prescribed period of probation shall be treated as an engagement from month to month terminable on either side on the expiration of one calendar month’s notice in writing.