Probationary service and deemed confirmation depend on express confirmation conditions, not mere expiry of the probation period.

A municipal employee on probation did not acquire deemed confirmation merely by completing the probation period, because the governing service rule required successful completion of probation, prescribed departmental examinations, and an express order of confirmation. The later Government service rules had superseded the earlier municipal recruitment rules, so the employee could not rely on the former municipal rule. As the employee remained a probationer, the appointing authority could terminate service on one calendar month's notice without a disciplinary enquiry reserved for confirmed employees. The appeal succeeded, the employee's decree was set aside, and the dismissal of the suit was restored.

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Issues: Whether a municipal employee appointed on probation could claim deemed confirmation on expiry of the probation period and thereby insist on an enquiry before termination; whether Rule 8 of the Madhya Pradesh Government Servants' General Conditions of Service Rules, 1961 governed the service conditions in place of the earlier municipal recruitment rules.

Analysis: The service conditions applicable to municipal officers and servants had been superseded by the later resolution adopting the Government rules, so reliance on the earlier municipal recruitment rule was misplaced. Rule 8 provided for probation, permitted extension for sufficient reasons, and stated that where the probationer was neither confirmed nor discharged, the employee would continue in service as a probationer subject to termination on one calendar month's notice. The rule further made successful completion of probation, passing of prescribed departmental examinations, and an express order of confirmation conditions precedent to attaining confirmed status. Mere expiry of the probation period did not create deemed confirmation. Since the employee had not completed the conditions for confirmation, he remained a probationer and the appointing authority could lawfully terminate the service by notice without invoking disciplinary enquiry provisions meant for confirmed employees.

Conclusion: The termination was valid, no deemed confirmation arose, and the requirement of enquiry under the classification and appeal rules did not apply.

Final Conclusion: The appeal succeeded and the decree in favour of the employee was set aside, while the dismissal of the suit by the courts below was restored.

Ratio Decidendi: Where the governing service rule makes successful completion of probation and an express order of confirmation conditions precedent, expiry of the probation period by itself does not result in deemed confirmation, and a probationer may be terminated on notice in accordance with the rule.

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