Before getting into any litigation, write a formal letter to your organisation for confirming the status and on the basis of their reply seek further guidance.
Confirmation of Probation
I am working in a Central Autonomous Body since February 2019. Till today we do not have our own Recruitment Rules, but Governing Body in 1991 has asked us to adopt another organisation Recruitment Rules untill our Recruitment Rules is approved. The Recruitment Rules that we are following prescribes 2 years of probation period and their is no further details regarding time period within which extension of probation period should be informed. However DOPT guidelines prescribes that probation period can be extended till 4 years and it also mentions the time period within which extension of probation period should be informed. Till now i am not confirmed neither i was informed about extension of probation. What should i do? Since our recruitment rules on extension of probation period is not clear will the Court consider DOPT guidelines? Please advise.
Asked 1 year ago in Labour
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6 Answers
Probation 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.
Any rule inconstant to central rules, Central rule will prevail. Approch HC.
the absence of rules, if the contract of employment has fixed or a particular period of probation and on expiry of the probation period the employee still continues in services then the implications are that he/she continues as a probationer. A probationer continuing past the probation period will not automatically become a permanent employee and the employer has rights to extend the probation period till it is satisfied the probationer is fit for confirmation. Thus, a probationer will be on probation until he/she is confirmed by the employer.
2) you should approach appointing authority to clarify whether your probation has been extended or whether you have been confirmed
First file a representation in your department for the same and then a complaint to the labour commissioner. You can also opt for CAT if they don’t reply you or give you resolution
Dear client
I can provide some general information that may be helpful.
In general, the terms and conditions of probation period and its extension are governed by the relevant Recruitment Rules or guidelines applicable to the concerned Central Autonomous Body. If there is no clear provision regarding the extension of probation period or the time period within which it should be informed, then it may create confusion and ambiguity.
In such cases, the DOPT guidelines may be considered as a guiding factor. The DOPT guidelines provide a framework for the extension of probation period and the time period within which it should be informed. If the Recruitment Rules are silent or unclear on these aspects, then the DOPT guidelines may be relied upon to fill the gap.
If you have completed the prescribed probation period and have not been confirmed, you may seek clarification from the concerned authorities regarding your status and the reasons for the delay. You may also refer to the DOPT guidelines and seek their implementation if necessary.
If you are not satisfied with the response of the concerned authorities or if you feel that your rights have been violated, you may consider taking legal action. In such cases, it is advisable to consult with a lawyer who can advise you on the specific legal issues and remedies available in your case. They can also help you draft and file the necessary legal documents and represent you in court, if necessary.
You can first make a representation to the head of your organisation or the competent authority about this.
If you do not get any response or a proper explanation with justification for not extending or closing the probation period, you can initiate legal action through CAT and seek remedy.
