Dear Swetha,
Until a probationer is issued a confirmation letter in respect of his services, he would be deemed to be on probation, irrespective of expiry of his probationary period. In a recent ruling in the case (W.P.(C) No. 4929/2013,D/-18-9-2013) of Amarnath Menokodath
Remanan vs. The Chairman, National Institute of Jewelry Design and Ors., the Delhi High court has ruled that it is the prerogative of the employer to decide if the services of the probationer are satisfactory and not by the Court. And no show-cause notice is required to be served upon a probationer before terminating his services.
The court has ruled that a probationer cannot claim automatic confirmation of his probationary services even if he continues to perform his duty after expiry of probationary period, in the absence of any express condition of his service in his employment contract, i.e. his employment letter. Until a probationer is issued a confirmation letter in respect of his services, he would be deemed to be on probation, irrespective of expiry of his probationary period.
When adequacy of performance of all probationers including petitioner was reviewed by a committee, plea of the petitioner that he has been discriminated is not justified.
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Arun Ilankovan