(Querist) 07 October 2019
This query is : Resolved
As per Hon'ble SUpreme court, Interpretation of Rule 105 DSER states that probation period can be at most upto two years after the initial appointment and thereafter the employer / school Mgt. is required to either confirm that employee on regular post by a written letter or terminate his services in case the school does not want to continue with that employee. Now the question arises is WHAT IF THE SCHOOL DOES NOT GIVE CONFIRMATION IN WRITING EVEN AFTER COMPLETION OF THE PROBATION PERIOD, BUT CONTINUES FURTHER FOR MANY YEARS ON CONTRACT BASIS AND THEN AFTER SEVEN YEARS REMOVES THAT EMPLOYEE WITHOUT ASSIGNING ANY REASON.
(Expert) 08 October 2019
The provision for probation is relevant in the case those who are regularly appointed, not to those who are on contract.
Dr J C Vashista
(Expert) 10 October 2019
Whether the School is an aided or unaided, you have not mentioned. Section 105 of Delhi School Education Act/Rules are to be interpretted accordingly. Probation can be extended or the employee can be removed without assigning any reasons.
(Querist) 10 October 2019
The school is an unaided minority institution in delhi
KISHAN DUTT RETD JUDGE
(Expert) 12 October 2019
Dear Sir, You may approach either Service Tribunal or High Court to get appropriate order.
(Querist) 13 October 2019
Thank you for you reply sir. I am expecting to get the views of the experts on the technical aspects in capital letters.....WHAT IF THE SCHOOL DOES NOT GIVE CONFIRMATION IN WRITING EVEN AFTER COMPLETION OF THE PROBATION PERIOD, BUT CONTINUES FURTHER FOR MANY YEARS ON CONTRACT BASIS AND THEN AFTER SEVEN YEARS REMOVES THAT EMPLOYEE WITHOUT ASSIGNING ANY REASON.
(Expert) 31 October 2019
Refer to Venu's reply. It is self speaking and contract appointments are never regular appointments and ipso facto no confirmation, no probation, no pay rise etc. If you are really a contractual employee, you may not succeed if you approach education appellate tribunal. I am afraid the tribunal may not admit your application since you are not an employee in the strict sense.