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Probation – Continuation for 6 years without confirmation shocks judicial conscience –

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It is expected that the Sanskrit University of Bhartiya Vidya Bhavan founded with the blessings of Mahatma Gandhi would function on the teachings of Mahatma Gandhi and would treat every employee fairly without exploitation.

On 18.4.2018, the petitioner was appointed as Assistant Professor as Probationer for two years.  The order or the service conditions do not provide for an extension of the probation period.   There is no communication to the Petitioner by the Management that her services are deficient or that she is not suitable for organisation.

However, the petitioner was continued as Probationer for more than six years without the confirmation.

HELD that we are intrigued that the petitioner who is a lady teacher has been made to work as a Probationer for 6 years and 10 months.  This also shocks our judicial conscience.  A teacher cannot be treated in this way.  The manner in which the petitioner has been treated amounts to exploitation, to say the least.   The petitioner was Ph.D. on the date of employment would be entitled to five increments and normal scale of promotions in view of confirmation  as directed by this Court, in the light of Rule 19.1 of the UGS Regulations.

 Judgment dated 6.5.2025 of the High Court of Bombay in Writ Petition No.1238 of 2024 of Reshu Singh    Vs.   Union of India and others

 

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