TMI Blog1968 (2) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... rovincialised, and the services of the respondents were taken over by the Punjab State with effect from October 1, 1957 in pursuance of a scheme of provincialisation of Local Bodies schools in the State. On February 13, 1961, the Governor of Punjab in exercise of the powers conferred by the proviso to Art. 309 of the Constitution framed the Punjab Educational Service (Provincialised Cadre) Class III Rules, 1961 regulating the conditions of service of the teaching staff taken over by the State Government from the local authorities. Rule 1 provides that the rules will be deemed to have come into force with effect from October 1, 1957. Rule 3 created the Punjab Educational (provincialised Cadre) Class III Service consisting of the posts shown ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1, 1960. The respondents continued to hold their posts after October 1, 1960, but formal orders confirming them in their posts were not passed. Under r. 7, the Director of Public Instruction, Punjab was the appointing authority. By two separate orders passed on February 10, 1963 and April 4, 1963, the Director terminated. their services. The order in each case stated that the services of the respondent concerned are hereby terminated in accordance with the terms of his employment. The order shall take effect after one month from the date it is served on him. Rule 12 provides that in matters relating to discipline, punishment and appeals, members of the service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal) Rules, 1952. It is against these appellate orders that the present appeals have been filed after obtaining special leave. The High Court found that the respondents were officiating in permanent posts against permanent vacancies as contemplated by r. 6 and that on the coming into force of the rules, they must be deemed to have held their posts under r. 6 (1) on probation in the first instance for on-, year from October 1, 1957. The correctness of these findings is not disputed by the appellants. The High Court also held that in the circumstances of these cases, on the completion of three years' period of probation on October 1, 1960, the respondents must be deemed to have been confirmed in their appointments. The appellants attac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclusion is that where on the completion of the specified period of probation the employee is allowed to continue in the post without an order of confirmation, the only possible view to take in the absence of anything to the contrary in the original order of appointment or promotion or the service rules, is that the initial period of probation has been extended by necessary implication. In all these cases, the conditions of service of the employee permitted extension of the probationary period for an indefinite time and there was no service rule forbidding its extension beyond a certain maximum period. The same view was taken in Narain Singh Ahluwalia v. State, of Punjab and another(6) It was suggested before us that the service rules in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the maximum period of probation has been confirmed in the post by implication. The employees referred to in r. 6(1) held their posts in the first instance on probation for one year commencing from October 1, 1957. On completion of the one year period of probation of the employee, four courses of action were open to the appointing authority under r. 6(3). The authority could either (a) extend the period of probation provided the total period of probation including extensions would not exceed three years, or (b) revert the employee to his former post if he was promoted from some lower post, or (c) dispense with his services if his work or conduct during the period of probation was unsatisfactory, or (d) confirm him in his appointment. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period of probation was in the opinion of the authority unsatisfactory. Instead of dispensing with their services on completion of the extended period of probation, the authority continued them in their posts until sometime in 1963, and allowed them to draw annual increments of salary including the increment which fell due on October 1, 1962. The rules did not require them to pass any test or to fulfil any other condition before confirmation. There was no compelling reason for dispensing with their services and re-employing them as temporary employees on October 1, 1960, and the High Court rightly refused to draw the inference that they were so discharged from service and re-employed. In these circumstances, the High Court rightly held ..... X X X X Extracts X X X X X X X X Extracts X X X X
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