Confirmation after probation

neeraj (Querist) 28 June 2022 This query is : Resolved
i am selected in a govt electricity distribution company as a JE in 2013 , as per norms i am on training for 6 months, and after completion of training i kept on probation for 2 years , during the probation i got one year ACR "c"grade and 3 months ACR as "d"grade, after that i was suspended for 1 year from service and after that reinstate after reinstate i always got "A+" grade in my ACR . as the company has rule of minimum 2 no ACR of probation period will be "c" grade otherwise probation will be extended up to for 1 year . and after completion of that probation period a formal order of confirmation will be released. but in my case they never intimate me for any extension or any letter regarding probation , but on publication of gradation list when i contacted to higher authority they said as your ACR of that period is below grade so we can extend or terminate you now. i want to know that can after 7 year of completion of probation and 6 year of extended period of probation if there was any can they terminate me now , as during this time i get regular increments and my departmental inquiry is also completed and it is concluded in minor penalty of one non cumulative increment in 2019. so please let me guide can i go to court if they extend or terminate me on that basis after 7 years , and what are the rules and chances in high court.

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An employee in a government electricity company is concerned about their job security after completing 9 years of service. Despite initial probation and a subsequent one-year suspension for a departmental inquiry (which concluded with a minor penalty), the employee was never formally notified of any probation extension or termination. Now, as they approach higher pay scales, the company is suggesting they can extend probation or terminate them based on past 'C' and 'D' grade ACRs during their initial probation. The employee seeks clarity on whether the company can retroactively extend or terminate their employment after such a long period without prior communication.

Dr J C Vashista (Expert) 29 June 2022
Both the queries contain same facts and no difference expect putting the other one in orderly manner and paragraphs.
Probation of an employee implies that performance of individual is under scanner, which do not further require to be graded as "A" "B" "C" or"D", as stated by you. However, if it is there in your company it is some "special" condition, which is required to be perused and challenged through proper channel / union .

Service of an employee stated to have been suspended due to "Poor" or "Unsatisfactory" performance for 1 year during probation period and reinstated is an unbelievable statement, please recheck.

You have clubbed many questions altogether for consideration and obligation of experts, it would be better to consult a local prudent lawyer practicing service matters.

neeraj (Querist) 29 June 2022
sir thanks for your reply.
matter is while during the probation time i was suspended for departmental inquiry not for probation period . and after departmental inquiry it is ended in minor penalty. and it is concluded in 2019 . but during this time there is no letter issued from department regarding my probation period extension or termination.
now when i am completed 9 years service and applied for higher pay then they are saying that as you are not confirmed by company so we can extend your probation period or terminate you.

i only want to know that can after 9 year of service and completion of period of probation and extension if any can department do this thing with retrospective effect. or a employee can be on probation for such a long time.

neeraj (Querist) 29 June 2022
my query is that if department not issue any letter, not intimate me , not extend my probation until 3 year of service now can they do that after 9 year of service .

as deportment has rule of 2 year probation and which can be extended 1 year and after that employee will be confirmed by a formal order.

P. Venu (Expert) 29 June 2022
No meaningful suggestion is possible unless the documents are perused.

kavksatyanarayana (Expert) 29 June 2022
In which year were you suspended? If you were suspended after the completion of two
years of service, then the probation period could not be extended. So post full facts or consult a local lawyer of service matters.

Dr J C Vashista (Expert) 30 June 2022
During probation period you were "suspended" for departmental inquiry ???
Unconvincing.
What were the charges ?Were you exonerated of each of the charge?
Whether suspension period was extended time to time as per rules on the subject ?

Some more questions are to be raised qua facts vis-a-vis queries posted by you.

Show the relevant inquiry proceedings / other documents to a local prudent lawyer practicing service matters for better appreciation of facts, professional advise and necessary proceeding.

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