Case Note & Summary
The appeal concerned the issue of deemed confirmation of the appellant, who was appointed as an Assistant Sub-Inspector in the Andhra Pradesh police department and later promoted to Deputy Superintendent of Police. The appellant's probation was terminated, but a writ petition led to a High Court order declaring that he had satisfactorily completed his probation. Despite this, the appellant was not considered for selection to the Indian Police Service in 1989, as he was not formally confirmed. The appellant argued that the order from the State Government implied confirmation upon successful completion of probation. The respondents contended that a further probationary period was required before confirmation. The court analyzed the relevant service rules, particularly Rule 7(e) of the Andhra Pradesh Police Service Rules, which stipulated that a probationer must complete a further three years of satisfactory service after the initial probation. The court found that the relaxation order issued by the State Government effectively deemed the appellant confirmed, as it acknowledged the satisfactory completion of probation without any restrictions. The court concluded that the appellant should have been considered for selection to the Indian Police Service and directed the respondents to rectify this oversight, allowing for notional promotions and financial benefits without affecting the positions of other selected candidates.
Headnote
A) Service Law - Deemed Confirmation - Successful Completion of Probation - Andhra Pradesh Police Service Rules, 1966, Rule 7(e) - The court held that the appellant, having satisfactorily completed the probation period and cleared the necessary tests, was entitled to be deemed confirmed in service despite the absence of a formal confirmation order. The relaxation granted by the State Government was interpreted to cover both the probation period and the requirement of passing tests, leading to the conclusion that no further action was necessary for confirmation (Paras 10-11).
Issue of Consideration
Whether the appellant was deemed to be confirmed in service after the successful completion of the probationary period.
Final Decision
The Supreme Court set aside the order of the Central Administrative Tribunal and directed the respondents to consider the appellant for selection to the Indian Police Service for the year 1989, allowing for notional promotions and financial benefits without affecting the positions of other selected candidates.
Law Points
- deemed confirmation
- probationary period
- service rules
- relaxation of rules
- selection process
