Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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neeraj   28 June 2022

Confirmation of probation

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.



Learning

 1 Replies

Mahi Manchanda   06 July 2022

Hi,

Under section 2 of the Model Standing Order, probation period is usually 6 months however it can be extended by a by a period of three months at a time at the discretion of management. The maximum probation period can't exceed two years.

While employers have a right to extend probation, it should not be extended for more than a year and in no circumstance an employee should be kept on probation for more than double the normal period.

Employers can terminate employees if they have a valid reason, whther or not on probation.

You should get in touch with a lawyer and discuss the nitty gritties about whether ir not you can file a case.

I hope this helps.

Have a good day.


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