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Can Probation period extend when FIR has been filed for leak of papers
20-Jul-2023 (In Labour & Service Law)
Sir i have joined as govt regular teacher in 2015. The recruitment was of 1100 teachers. In 2016 is was alleged that the recruitment test was leaked, 300 selected teachers baught question paper @ 8 lacs rupees, AN fir is launched and appointing authority has extended the probation period of all the 1100 teachers, but in fir there is only 9 un named faulty teachers, is it justified to extend probation period of all the candidates instead of the accused. Please share similar judgment and law relatedto this. Our initial probation period is of 2 years, and further it can be extended , if found the employee's service unsatisfactory.
The confirmation of an employee on probation totally depends on work performance of that employee during the probation period. If the terms and conditions of your appointment letter provides for employer's right to extent the probation period, the same can only be done on the ground of unsatisfactory performance and on no other ground. In the present case the extention of probabation on the ground that some candidates managed the question paper is totally against the law and deserves to be challenged in the court. Also there are number of judgments which says that in a selection process, like in the present case, if tainted candidates are identifiable then only those candidates should suffer and not the others. One such citation is 2014 (6) SCC 644, Joginder Pal vs State of Punjab.
Also on completion of your probation period you are entitled to automatic confirmation if not terminated.
Also on completion of your probation period you are entitled to automatic confirmation if not terminated.
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