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2011 (9) TMI 1160 - SC - Indian Laws

Issues involved: Interpretation of Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali for deemed confirmation of service as an Assistant Teacher.

Facts: The Appellant was appointed as an Assistant Teacher on probation, with extensions granted based on performance evaluations. Despite opportunities to improve, the Appellant's service was terminated by the Respondent.

Contentions: Appellant argued for deemed confirmation post-probation based on previous court decisions. Respondents cited correspondences and legal precedents to support probation continuation until confirmation order.

Analysis: Rule 26 specified probation terms and conditions, allowing for termination before completion. Court found the decision in Akbar Ali Khan case more relevant, emphasizing the need for a specific confirmation order post-probation.

Conclusion: The court dismissed the appeals, stating that without a specific order confirming satisfactory service, automatic regularization post-probation was not applicable. Each party was directed to bear their own costs.

 

 

 

 

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