>> You have quoted only one line from the appointment letter issued to you.
It shall be appropriate that without wasting any time you may show the job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the company and extended to your designation, service rules, service codes and regulations, and any other communication that you may have, to a lawyer specializing in labor/service matters and proceed under the expert advice of your lawyer. The lawyer that has seen all of your docs and has analyzed your inputs in person can advice you the best.
The employee should have enough on record to establish that the employer has taken action beyond its jurisdiction.
Your lawyer that has seen all of your docs and has analyzed your inputs can help you to understand the nuances of the matter and merits of your case.
>> You have posted that:
'' Your appointment will be on probation for a period of 2 years."
Is it stated that:
-- the probation period can be extended for another………………….months
--max. period of probation……………..months.
Is there any rule that probation period can be extended even beyond the max. period of probation.
Do the standing orders and rules state that probation period is 2 years……………… or should not exceed 2 years…………………and order of confirmation is necessary.
The courts of law may not examine the appointment letter alone and may examine standing orders, service codes and regulations, rules also.
In this thread learned experts/members including Mr. Thukral have explained and illustrated the style and manner by which employers insert clauses on probation/confirmation.
--The services of the employee shall be confirmed in writing.
>> The officials of the establishments that are responsible and are part of the process of review/appraisal/ departmental test
for confirmation have to initiate the process of appraisal/test well in time and conclude it well in time and should inform the employee under probation well in time.
Has the establishment described the process of appraisal in any of its communication/policy/rules/ service codes and regulations and has it explained who the stakeholders in the process are and who shall initiate when………………. and pass to whom…………. and who shall finally decide.
Many companies have such a policy and printed version is accessible by employee on HR portal and can also be obtained from concerned HR personnel.
Such a policy may help you to fix the onus of erroneous, irresponsible, lackluster approach of the authority.
Such policies and are put in place so that the line Managers, HR, employer, do not take arbitrary decisions.
>> If company has a process of periodic appraisal(s), appraisal format/forms, then the employee should be appraised by authority by a meeting with employee and copy of the format/form should be provided to employee.
The observations and comments made on conduct and performance, probation assessment report of employee should be shared with employee.
“Every entry in ACR – poor, fair, average, good or very good – must be communicated ………….. within a reasonable period.”
Supreme Court of India
Sukhdev Singh vs Union Of India & Ors. on 23 April, 2013
https://indiankanoon.org/doc/9665019/?type=print
If there is some adverse report that has lead to extension of period of probation then it should have necessarily been communicated to employee. Your lawyer may opine that non following may render the ACR void.
>> Has the employer issued any stinkers, notices, show cause notice etc during the period of 2 years raising concerns on your performance and conduct ad demanding improvement?
>> Has the authority stated any reason for extension of the probation?
If the authority has taken an arbitrary decision without providing any opportunity of hearing to you and if it is blatant violation of principle of natural justice and establishment’s own rules leading to detrimental effect of employee, then employee has the right to agitate.
The employee may escalate the grievance as per escalation matrix in the establishment.
If employee has exhausted the options of appeal to employer and the grievance is not resolved employee can approach lawful authority and court of law.
After all Courts and state is ‘Parens Patriae’: Parent to the nation.
>> You wish to stake claim for deemed confirmation.
If it is stated in appointment letter issued to you that:
“'' Your appointment will be on probation for a period of 2 years." And nothing else then it may be perceived as max. period of probation and you may succeed.
The deemed confirmation has been explained and decided by courts of law:
You had started the inquiries and probably it had jerked the dept. from its sleep and it started working on it.
Usually if the company has separate HR then it is to maintain the calendar and initiate the process of appraisal for confirmation of service.
There seems to be some reason to believe that it has erred and did not initiate in time.
You have posted that:
“AS i have inquired with HR dept, they orally said you have been reviewed by the top officials of HR and of the organisation.”
The concerned HR personnel were fully aware of the pending probation, probation assessment report and review by top officials of HR and organization. This hints that as per HR version the report was written and was sent for review and it might be an explanation for delay.
“there is no information communicated to me or my reviewing Principle officer regarding any standing orders/interim orders were passed ,nor they have informed that you are being reviewed separately form the other officers of your batch.” ……………………………………………”why it was not in knowledge of the respondent of the same department when i have submitted my query in written to him, and he replied about decision will be conveyed by Zonal office.’
He should be at least aware of the report written by him.
>> You may find the attachment and judgements cited in it as interesting.
Delhi High Court
The School Management Itl vs Jai Prakash And Anr on 30 July, 2013
You may collect the standing orders, service rule and all other relevant documents and communications and spend quality time with your labor consultant/service lawyer- law firm and proceed under the expert advice of your lawyer if there are enough merits found in your case by your lawyer.
