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Pradeep (Sr Consultant)     04 September 2014

Confirmation of probation under central service rules

Hi,

My Wife is working in a Central Govt. Institute which follows central service rules and currently she is under probation.

Her original probation date of one year was completed by November 2012 and till now have not received any intimation on extension of probation or the confirmation.

Currently she is subjected to mental harassment as she is caught in between the power struggle of two major designates of the institution.

They have given her a memo in July 2013 citing her performance but did not mentioned any extension of probation or related to that.

My question here is

whether she will be treated as deemed to be confirmed after completion of two years period (as it will be the maximum probation period which is double of her original probation period) according to the circular

N0.1801111/2010-Estt. (C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

issued in January 2011.

or the probation period is considered as extended as long as she gets her confirmation letter from the concerned authorities which i have seen in few court cases



Learning

 4 Replies

Kumar Doab (FIN)     04 September 2014

I have not been able to download the attachment but as per your post 2Y of  her probation period are over by Nov13.

 

The memo citing her performance in July 13 seems to be disguised communication to deny confirmation..................

Apply your resources and check if any communication/notes/notings on confirmation of service is in files................

 

If reqd. Pursue even if thru  RTI route and obtain certified copy of ACR and any communication issued on record on confirmation of service.

Pradeep (Sr Consultant)     05 September 2014

sorry

her original probation period ended on November 2013 and two years will be over by November 2014

can we apply RTI to get her personal file and to see what comments they have made on her in her Appraisal

Kumar Doab (FIN)     05 September 2014

Last Reply:

The process has been initiated by issuing a Memo on her performance.

It is most likely that based on Memo an action shall be taken.

It is not clear whether the memo has been replied or not?

It is suggested that she should consult an able Labor Consultant/Service lawyer AS AP well versed with rules of her dept............................ NOW and proceed carefully under expert advice of her lawyer.

The reply to the memo should preferably be structured by her lawyer.

Probation Period can not be indefinite.

Every entry in the ACR should be communicated to employee.

 

You may find following threads and judgments relevant.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85925&offset=4#.VAlcycKSwb8

https://www.lawyersclubindia.com/forum/details.asp?mod_id=44066&offset=2#.VAleSMKSwb8

Sudhir Kumar, Advocate (Advocate)     11 November 2014

is the the same cae you discussed in

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=112221&offset=0#.VGIIrWeO5G1


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