Probation confirmation and higher pay

patel (Querist) 02 December 2022 This query is : Resolved
Sir, I was posted as a junior engineer in govt department in 2013 as probationer which will complete in 2016. But in 2015 I was suspended by department and kept on suspension till 2016 mid ,after that reinstated and departmental enquiry continues which ends in 2018 and minor penalty awarded . From that time to till now I was working with outstanding record . But after completing 9 years of service I have applied for higher grade pay department say that I was not regularise till now , so as you are not regularise so higher pay can't be given. Now they say that after 9 years you might be terminated due to suspension at probation time and not completing probation completely. They never intimate me about any extensions or any thing about probation. My department have 2+1 max year rule for probation. Sir pls suggest me what to do now , is this legal . And what remeady I have.

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A junior engineer, suspended during probation in 2015 and reinstated in 2016, was later awarded a minor penalty. Despite an outstanding record for nine years, the department denies higher grade pay, claiming the probation was never regularised. They now suggest termination due to the incomplete probation. The engineer seeks advice on the legality of this situation and potential remedies.

kavksatyanarayana (Expert) 02 December 2022
File a case in the State Administration Tribunal if you are in State Government or in CAT if you are in central government against the Employer and higher authorities.

Sudhir Kumar, Advocate (Expert) 04 December 2022
Given facts indicate that you were never terminated during probation period. Your query is silent about as to whether probation was extended or whether there was extension clause and if so upto which period it could be extended.

Given facts also indicate that (i) there was a suspension (ii) that it does not result in major penalty. It is not clear whey you did not challenge the suspension or whether you have got full salryof the suspension period or not.

Given facts also do at all indicate that there was a chargehseet which was finalised in short period. It is not clear whether at all proper procedure was followed or not and how much was the penalty.

P. Venu (Expert) 16 December 2022
"I have applied for higher grade pay department say that I was not regularise till now , so as you are not regularise so higher pay can't be given. Now they say that after 9 years you might be terminated due to suspension at probation time and not completing probation completely" What do you mean by "department say" & "they say"? Have you received any written communication from the Competent Authority to that effect?

Sudhir Kumar, Advocate (Expert) 15 January 2023
better give full relevant facts.

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