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Probation period of college teacher

(Querist) 25 February 2012 This query is : Resolved 
I am working as college librarian in a Government aided college, previously worked as a non-teaching staff in another aided college under the Tamilnadu Collegiate education service in the same regional collegiate joint directorate. I have also joined the latter post without any break of service.

I have applied the latter post of College Librarian through proper channel.

I have attended interview with no objection certificate from former college Secretary.

I have also relieved from 30-12-2010 AN in the former post and joint on 31-12-2010 FN in the latter post in the new college with proper relieving order given by the previous college secretary (with no objection to relieve).

1. Whether you applied the latter post through proper channel? YES

2. whether you resigned technically only?
(I have applied for relieving from previous college non-teaching position, that college management secretary issued a relieving order to join as librarian in the latter college.)

3. whether both institutions are run by same management? NO different managements.

4. Whether the latter management in writing assured you to treat your previous probation period of previous job in the subsequent period of probation?
NO, The latter management not treat my previous probation of previous job.

BUT in SPECIAL RULES FOR THE TAMIL NADU COLLEGIATE EDUCATIONAL SERVICE-Para 7 hold the following facts:
7. Probation : - (a) Every person appointed to any category by direct recruitment or by
recruitment by transfer shall, from the date on which he joins duty, be on probation in such
category for a total period of two years on duty within the continuous period of three years:
Provided that there shall be no probation for a fresh appointment by direct recruitment
if he has already completed the probation in any other Category in the service:
Provided further that a member of the service appointed by transfer from one Category
to another carrying the same scale of pay if he is already a probationer in the category
from which he is transferred, shall be entitled to count the period of service in the category
to which he is so transferred towards probation in the category from which he was
transferred.

As per the above special rules, kindly provide details about teaching post in the current college can fix any probation period. For your reference I have attached the above special rule document.

Regards
Ramanathan S
Raj Kumar Makkad (Expert) 25 February 2012
You have not mentioned the basic questions which are most relevant to reply your query:

1. Whether you applied the latter post through proper channel?

2. whether you resigned technically only?

3. whether both institutions are run by same management?

4. Whether the latter management in writing assured you to treat your previous probation period of previous job in the subsequent period of probation?

I think the answer to all aforesaid questions shall be in negative and thus my reply is also in negative because the nature of both the jobs is different.
Sudhir Kumar, Advocate (Expert) 26 February 2012
Further to Mr Makkar, every posts of centre/state Govt has recruitment rules framed by the President/Governor as per powers vested vide proviso to article 309 of the constitution. Such rules need to be seen as at times these rules keep separate provision of probation.
Guest (Expert) 26 February 2012
Dear Sudhir,

I may like to draw your kind attention towards the fact that the college, as mentioned by the querist, is only an aided college, not the Government run college. So the college Trust/management was independent to frame its own rules of recruitment as a private institution except to follow certain educational norms and pay scales required for getting Government aid. So the recruitment rules fromed by the Governor or President of India have no role to play in private colleges, unless specifically adopted by the management by a resolution.
VANANKAMUDI V (Querist) 01 August 2012
ago
I am working as college librarian in a Government aided college, previously worked as a non-teaching staff in another aided college under the Tamilnadu Collegiate education service in the same regional collegiate joint directorate. I have also joined the latter post without any break of service.

I have applied the latter post of College Librarian through proper channel.

I have attended interview with no objection certificate from former college Secretary.

I have also relieved from 30-12-2010 AN in the former post and joint on 31-12-2010 FN in the latter post in the new college with proper relieving order given by the previous college secretary (with no objection to relieve).

1. Whether you applied the latter post through proper channel? YES

2. whether you resigned technically only?
(I have applied for relieving from previous college non-teaching position, that college management secretary issued a relieving order to join as librarian in the latter college.)

3. whether both institutions are run by same management? NO different managements.

4. Whether the latter management in writing assured you to treat your previous probation period of previous job in the subsequent period of probation?
NO, The latter management not treat my previous probation of previous job.

BUT in SPECIAL RULES FOR THE TAMIL NADU COLLEGIATE EDUCATIONAL SERVICE-Para 7 hold the following facts:
7. Probation : - (a) Every person appointed to any category by direct recruitment or by
recruitment by transfer shall, from the date on which he joins duty, be on probation in such
category for a total period of two years on duty within the continuous period of three years:
Provided that there shall be no probation for a fresh appointment by direct recruitment
if he has already completed the probation in any other Category in the service:
Provided further that a member of the service appointed by transfer from one Category
to another carrying the same scale of pay if he is already a probationer in the category
from which he is transferred, shall be entitled to count the period of service in the category
to which he is so transferred towards probation in the category from which he was
transferred.

As per the above special rules, kindly provide details about teaching post in the current college can fix any probation period. For your reference I have attached the above special rule document.

Regards
Ramanathan S
Sudhir Kumar, Advocate (Expert) 02 August 2012
Please see recruitment rules of the post.


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