The Punjab and Haryana High Court has clarified that the reversion of an employee during the probationary period will not be considered discriminatory, especially when it aligns with the terms and conditions of the employment document.
The court observed that the probation period is for the employer to check whether an employee is suitable. The order was passed by Justice Harpreet Singh Brar while hearing a petition filed by a former Indian Army employee, Major Shaveta Sharma, who is serving as an engineer in Haryana Sahari Vikas Pradhikaran
As per a TOI report, the court held, “As far as the employees are concerned, once they satisfy the employer of their abilities by successfully completing the probation period, they are awarded a permanent position, as well as the benefits and protections that come with it. Therefore, probation, being a determinative stage, cannot be considered an empty formality. The same rationale can also be applied to cases of promotion. Upon promotion, the duties and responsibilities of an employee may change significantly; thus, it is the prerogative of the employer to ascertain if they are well-suited for the same.”
Sharma filed the petition quashing the order dated Dec 30/31, 2025, by which she was reverted from superintending engineer to executive engineer. Reportedly, an FIR alleging her of corruption was also lodged in 2020. However, the chargesheet was dropped in 2025 following an internal inquiry. Aggrieved by her demotion, she moved the court. She argued that an employee can be subject to probation only once during an employment.
The petitioner’s demotion orders were quashed by the HC, observing that she wasn’t offered a chance for a personal hearing. However, the court also held that her employer could place her on probation after promotion, as the service agreement requires an employee to be under a year of probation upon promotion.
