Civil Procedure Code (CPC)

Is service as probationer a temporary service in central gov

This query is : Resolved 

Querist : Anonymous (Querist)
12 January 2021

I got my offer of appointment in 2016 from CAG OF INDIA, which is a Central Govt Department.

My offer of appointment said that "The period of probation will be two years. This may, however, be increased at the discretion of the appointing authority/ authority higher than the appointing authority. During the period of probation, his appointment will be purely temporary and governed by the CCS (TEMPORARY) RULES, 1965."

Now my department's Manual of Standing Orders (Admin.), states that

“ (iii) If however persons recruited initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, their seniority shall follow the order of the confirmation and not the original order of merit.”

Now there are many employees in my office who were recruited before me and even they joined before me, but they are confirmed after me, because they passed the departmental confirmatory exam after me, and even our confirmation order also testify that. But my department has declare them senior to me.

when i objected in a written representation, my department answered that my recruitment was not on temporary basis. You were appointed as a probationer initially.

Now my question is when my offer of appointment clearly states that my appointment during period of probation will be purely on temporary basis and i will be governed by CCS (Temporary) Rules, 1965..... then, is my department right to say that my appointment was on probation.... but not temporary?

Guest (Expert)
13 January 2021

Instead of entering in to any legal dispute or quarrel in this issue better make some humble pleading and get your work done..

Sudhir KumarOnline (Expert)
13 January 2021

You may go through DOPT instructions and them meet a lawyer with papers.

Rajendra K Goyal Online (Expert)
19 January 2021

Refer DOPT Rules in this regard. Use RTI to get clear position. If not satisfied, discuss with local lawyer after showing him all related papers.

K RajasekharanOnline (Expert)
19 January 2021

It seems that the relative seniority of direct recruits that used to have been determined earlier according to date of confirmation by ignoring the original order of merit, has been discontinued with effect from 4-11-1992 as per OM No 20011/5/90 Estt(D) dated 4-11-1992.

It seems the above OM is applicable in this case.

Advocate G. Pavan Kumar, LL.BOnline (Expert)
25 March 2021

Probation is for a Permanent Job, during this period, He will be tested and Trained for a given Job/Role. IF he cannot clear Probation, he will not get Permanent Job or his job will get terminated immediately.
Temporary means, when he joined for a contract period or specified period for "Temporary Basis" as required at the time of work.Eg: "Appointing doctors at the time of Covid in the Company for a period of 6 months.
You may need to file a case in C.A.T and try to resolve through legal proceedings. Before this, send letter to your authority and get official reply (not oral)

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