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mayank P   23 August 2019

Relieve during probation

Dear lawyers,

I was working in university in gujarat as a professor from past 7 years. Initial period of probation was 2 years. After that I was being told orally that I m confirmed but no any confirmation letter was given. Last year they suddenly relieved me by giving 3 month notice payments. They told me that I was being relieved because of my performance. They gave me gratuity amount too. So I am confused and I need ur suggestions that how can I fight against their decision as I do not have any confirmation letter.

please guide me.


Learning

 4 Replies

jayakumar.j (advocate)     24 August 2019

File Writ Petition in High Court against the order. 

mayank P   24 August 2019

Yeah sir I did. but court ordered that as I was on probation and University didn't give any confirmation letter so they give judgement in favour of University. So can you give me some ideas that on what basis I should move on in my case.

Nikisha Hada   24 August 2019

Sir, Your right to get confirmed after 2 years of probation depends on the University rules which apply to you. If there is a provision which provides for deemed confirmation after 2 yrs, you have a right to continue in service but if the rules do not provide for the same or there is a clause for deemed extension of probation then you do not have a right to continue. If the Court's judgment is based on such an interpretation, the chances for getting any relief are remote, otherwise you can file an appeal. Please refer to the case law- https://indiankanoon.org/doc/1611594/ Regards, Nikisha Hada

P. Venu (Advocate)     25 August 2019

Norms does not recognise deemed conversion. As the High Court has decided against you, your only option, if so advised, is to approach the Supreme Court. (If it is asingle Bench decision, you can approach the Division Bench of the High Court as well)


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