Probation in various Central Civil Services

N0.18011/1/2010-Estt. (C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
*************

New Delhi 110001
Dated: January 3, 2011

OFFICE MEMORANDUM

SUBJECT:    Probation in various Central Civil Services.

      The undersigned in directed to say that the period of probation to be prescribed for different posts/services in Central Government have been laid down in this Department’s O.M. No.F.44/1/59-Ests(A) dated 15.4.1959 as amended from time to time. With a view to prevent Government servants from becoming possible victims of arbitrary actions or inordinate delay in considering completion of probation/confirmation, the existing instructions on provisions regarding probation in the service/recruitment rules relating to Central Civil Services and Posts have been reviewed. It is proposed that in the service / recruitment rules for all Central Civil Services and Posts, in addition to the period of probation, wherever prescribed, corresponding provisions as envisaged in the draft guidelines enclosed herewith, may be incorporated in consultation with this Department.

2.       Before the guidelines in the draft OM, is finalized, all Cadre Controlling Authorities are requested to offer their comments/views in this regard, if any, by 31.1.2011 at the E Mail address dse@nic.in.

s/d
(P.Prabhakaran)
Director (Estt.)

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NO. 18011/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
*****

North Block,New Delhi,
Dated the --

OFFICE MEMORANDUM

Subject :        Probation in various Central Civil Services.

       The undersigned is directed to say that the period of probation to be prescribed for different postslservices in Central Government have been laid down in this Department’s O.M. No. F.44/1/59-Ests.(A) dated 15.4.1959 as amended from time to time. Although instructions exist to the effect that save for exceptional reasons probation should not be extended for more than a year and no employee should be kept on probation for more than double the normal period apart from instructions for timely action on completion of probationlconfirmation, these are not invariably followed.

2. With a view to prevent Government servants from becoming possible victims of arbitrary actions or inordinate delay in considering completion of probation / confirmation, the existing instructions on provisions regarding probation in the servicelrecruitment rules relating to Central Civil Services and Posts have been reviewed. It has now been decided that :-

(I)         If during the period of probation, a probationer has not undergone the requisite training course or passed the requisite departmental examinations if anybrescribed or has not been on dutyitraining for at least 75% of the probation period, the period of probation may be extended by such period or periods as may be necessary subject to the condition that the total period of probation does not exceed double the prescribed period of probation except in the cases mentioned in (ii) below:-

II)        the period of probation may be extended for such period as the Central Government may think fit in the circumstances of the case in respect of a probationer who is:

a)        under suspension;

b)        against whom disciplinary proceedings are pending; or

c)        against whom prosecution for criminal charge is pending.

III)        Where a probationer who has completed the period of probation to the satisfaction of the Central Government is required to be confirmed, he shall be confirmed in the SewicelPost at the end of his period of probation, having been completed satisfactorily. In such cases, where no order extending the probation period has been issued and no order of confirmation is issued within one year of completion of the prescribed period of probation, the probationer would be deemed to be confirmed in the servicelpost.

3.        In the Service/Recruitment Rules for all Central Civil Services and Posts, in addition to the period of probation, wherever prescribed. corresponding provisions, as in para 2 above, may be incorporated in consultation with this Department in the light of the above instructions.

4.         The Hindi Version of this O.M. will follow.

(P.Prabhakaran )
Director

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Timely confirmation in various Central Civil Services- issue of guidelines - DOPT Order

No.1801/1/12010-Estt. (C)
Government of India
Ministry of Personnel. Public Grievances & Pensions
(Department of Personnel & Training)
*************

New Delhi 110001
Dated: August 30,2010

OFFICE MEMORANDUM

SUBJECT: Timely confirmation in various Central Civil Services- issue of guidelines.

The undersigned is directed to say that the Supreme Court in its judgement on 8.7.2010 in civil appeal No.596 of 2007 (appeal of Khazia Mohameed Muzammil v/s State of Karnataka & Anr.) examined the contention of automatic/deemed confirmation after the expiry of the probation period. After examining the various judgements, the Apex Court were of the considered opinion as to what view has to be taken would depend upon the facts of a given case and the relevant ruler in force.

2. In para 22 of the judgement, the Apex Court observed as follows:-

"Before we part with this file, it is required of this Court to notice and declare that the concerned authorities have failed to act expeditiously and in accordance with the spirit of the relevant rules. Rule 5(2)of 1977 Rules has used the expression 'as soon as possible' which clearly shows the intent of the rule framers explicitly implying urgency and in any case applicability of the concept of reasonable time which would help in minimizing the litigation arising from such similar cases. May be, strictly speaking, this may not be true in the case of the appellant but generally every step should be taken which would avoid bias or arbitrariness in administrative matters. no matter, which is the authority concerned including the High Court itself. Long back in the case of Shiv Kumar Sharma v/s Haryana State Electricity Board(1988) Supp. SCC 669] this Court had the occasion to notice that due to delay in recording satisfactory completion of probation period where juniors were promoted, the action of the authority was arbitrary and it resulted in infliction of even double punishment. The Court held as under:

'While there is some necessity for appointing a person in government service on probation for a particular period, there may not be any need for confirmation of that officer after the completion of the probation period. If during the period a government servant is found to be unsuitable, his services may be terminated. On the other hand. if he is found to be suitable, he would be allowed to continue in service. The archaic rule of confirmation, still in force, gives a scope to the executive authorities to act arbitrarily or malafide giving rise to unnecessary litigations. It is high time that the Government and other authorities should think over the matter and relieve the government servants of becoming victims of arbitrary actions.'

We reiterate this principle with respect and approval and hope that all the authorities concerned should take care that timely actions are taken in comity to the Rules governing the service and every attempt is made to avoid prejudicial results against the employee/probationer. It is expected of the Courts to pass orders which would help in minimizing the litigation arising from such similar cases. Timely action by the authority concerned would ensure implementation of rule of fair play on the one hand and serve greater ends of justice on the other. It would also boost the element of greater understanding and improving the employer employee relationship in all branches of the States and its instrumentalities."

3. In this Ministry's O.M.No.I8011/186-Estt(D) dated 28.3.1988 (copy enclosed), instructions have already been issued to the effect that confirmation will be made only once in service in the entry grade, but for some exceptions specified therein. Instructions on timely action to confirm or extend the probation have also been issued vide O.M. No.18011/2/98-Estt.(C) dated 28.8.1998. Seniority has also been delinked from confirmation in the O.M.No.20011/5/90-Estt.(D) dated 4.11.92.

4. The above directions of the Apex Court are brought to the notice of all Ministries/Departments for ensuring compliance of the above instructions.

s/d
(Mamta Kundra)
Joint Secretary to the Govt. of India

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