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Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court

The Madhya Pradesh High Court observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period unless there is a vacancy for the same job. While modifying the order related to discontinuation of services dated January 2, 2018 (“impugned order”) Single Judge bench of Justice GS Ahluwalia remarked that, “Expiry of the probation period does not necessarily mean confirmation and at the end/ expiry of the period of probation, normally an order confirming the officer is required to be passed and if no such order is passed, he shall be deemed to have continued on probation unless the terms of appointment or the relevant rules governing the service conditions provide otherwise.”

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