In the case of Md. Muzaffar Alam v. State of Bihar and Ors. reported in (2001) 10 SCC 169, wherein the statutory rule provided the period of probation for two years, the Supreme Court observed that the rule neither indicates that the period of probation can be continued, nor does it indicate that confirmation is automatic after the expiry of the period of probation. In the circumstances, the Supreme Court rejected the contention that the employee is bound to be confirmed on the expiry of the period of probation.
In the case of High Court of M.P and Ors. v. Satya Narayan Jhavar (AIR 1994 SC 2595), the Supreme Court while examining the question of deemed confirmation in service jurisprudence has categorized three classes of cases on the point, which are as under:
“One line of cases is where in the service rules or the letter of appointment a period of probation is specified and the power to extend the same is also conferred upon the authority without prescribing any maximum period of probation and if the officer is continued beyond the prescribed or extended period, he cannot be deemed to be confirmed. In such cases there is no bar against termination at any point of time after expiry of the period of probation. The other line of cases is that where while there is a provision in the rules for initial probation and extension thereof, a maximum period for such extension is also provided beyond which it is not permissible to extend probation. The inference in such cases is that the officer concerned is deemed to have been confirmed upon expiry of the maximum period of probation in case before its expiry the order of termination has not been passed. The last line of cases is where, though under the rules maximum period of probation is prescribed, but the same requires a specific act on the part of the employer by issuing an order of confirmation and of passing a test for the purposes of confirmation. In such cases even if the maximum period of probation has expired and neither any order of confirmation has been passed nor has the person concerned passed the requisite test, he cannot be deemed to have been confirmed merely because the said period has expired.”
The said decision has been followed by the Supreme Court in the case of Commissioner of Police, Hubli and Anr. v. R.S. More reported in (2003) 2 SCC 408.
HIGH COURT OF M.P. v. MAHESH PRAKASH and Ors[ AIR 1994 SC 2595]