No. 28020/1/2010-Estt(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 21st July, 2014
OFFICE MEMORANDUM
Subject: Consolidated Instructions on Probation/Confirmation in Central Services - regarding.
The undersigned is directed to say that this Department has been issuing instructions/ guidelines from time to time laying down principles to be followed in probation/confirmation of persons appointed to services and posts in Central Government. All such instructions issued till date have been consolidated under easily comprehensible headings for the facility of reference and placed as Annexure to this O.M. The number and date of the original O.M's has been referred in the relevant instructions for easy reference in the context. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned.
2. There may be posts in various Ministries/Departments/Organizations where the norms specified in the Recruitment Rules are different from those prescribed in the Annexure. In such cases, the norms specified in those Recruitment Rules shall prevail.
3. Hindi version will follow.
Sd/
(J.A. vaidyanathan)
Director (Establishment)
Annexure to
DOPT 0.M.No.28020/1/2010-Estt(C) dated 21st July,2014.
PROBATION AND
CONFIRMATION
A person is appointed on probation in order to assess his suitability
for absorption in the service to which he has appointed. Probation should not,
therefore, be treated as a mere formality. No formal declaration shall be necessary
in respect of appointment on probation. The appointing authority may declare
successful completion, extend the period of probation or terminate the services
of a temporary employee on probation, on the basis of evaluation of
performance.
2.
Probation is prescribed when there is direct recruitment, promotion from one
Group to another or for officers re-employed before the age of superannuation.
The probation shall stand successfully completed on issue of orders in writing.
It is however, not desirable that a Government servant should be kept on
probation for long periods.
PERIOD OF
PROBATION
3.
The period of probation is prescribed for different posts/services in Central
Government on the following lines:
|
S.No.
|
Method of appointment
|
Period of probation
|
|
PROMOTION
|
||
|
1
|
Promotion form one grade
to another but within the same group of posts e.g. from Group ‘C’ to Group
‘C’
|
No Probation.
|
|
2
|
Promotion from one Group
to another e.g. Group ‘B’ to Group ‘A’
|
2 years or the period of
probation prescribed for the direct recruitment to the post, if any
|
|
DIRECT RECRUITMENT
|
||
|
3
|
(i) For direct
recruitment to posts except clause (ii) below
(ii) For direct
recruitment to posts carrying a Grade Pay of Rs. 7600 or above or to the
posts to which the maximum age limit is 35 years or above and where no
training is involved;
Note: Training includes
‘on the job’ or ‘Institution training’
|
2 years
1 year
|
|
4
|
Officers re-employed
before the age of superannuation.
|
2 years
|
|
5
|
Appointment on contract
basis, tenure basis re-employment after superannuation and absorption
|
No probation.
|
[DoPT OM
No. 21011/2/80-Estt.(C) dated 19.05.1983 and
OM No. AB.14017/5/83-Estt.(RR)
dated 07.05.1984]
*
As per revised pay scale of CCS(Revised Pay) Rules, 2008.
(A) DIRECT
RECRUITMENT
If a
Government servant is appointed to another post by direct recruitment either in
the same department or a different department, it may be necessary to consider
him for confirmation in the new post in which he has been appointed by direct
recruitment irrespective of the fact that the officer was holding the earlier
post on a substantive basis. Further confirmation in the new entry grade
becomes necessary because the new post may not be in the same line or
discipline as the old post in which he has been confirmed and the fact that he
was considered suitable for continuance in the old post (which was the basis
for his confirmation in that post) would not automatically make him suitable
for continuance or confirmation in the new post the job requirements of which
may be quite different from those of the old post.
[OM No.
18011/3/88-Estt(D) dated 24.09.1992]
(B) PROMOTION
(i) Persons who are inducted
into a new service through promotion shall also be placed on probation but
there shall be no probation on promotion from one grade to another but within
the same group of posts, except when the promotion involves a change in the
Group of posts in the same service, e.g., promotion from Group ‘B’ to Group ‘A’
in which case the probation would be for the prescribed period.
[OM No. 21011/2/80-Estt(C) dated 19.05.1983]
(ii) If the recruitment rules
do not prescribe any probation, an officer appointed on regular basis (after
following the prescribed DPC procedure, etc.) will have all the benefits that a
person confirmed in that grade would have.
[OM No. 18011/1/86-Estt(D) dated 28.03.1988]
(iii) There shall be no probation in
the cases for appointment on contract basis, tenure basis, re-employment after
superannuation and absorption.
[OM No. 21011/2/80-Estt.(C) dated 19.05.1983]
PROGRESS DURING PROBATION
4.
Instead of treating probation as a formality, the existing powers to discharge
probationers should be systematically and vigorously used so that the necessity
of dispensing with the services of employees at later stages may arise only
rarely.
5.
Concentration of attention on the probationer’s ability to pass the
probationary or the departmental examination, if applicable, should be an
essential part of the qualification for confirmation but there should be a very
careful assessment of the outlook, character and aptitude for the kind of work
that has to be done in the service before a probationer is confirmed.
6.
A probationer should be given an opportunity to work under more than one
officer during this period and reports of his work obtained from each one of
those officers. The probation reports for the whole period may then be
considered by a Board of senior officials for determining whether the
probationer concerned is fit to be confirmed in service. For this
purpose, separate forms of report on the probationers should be used, which are
distinct from the usual Annual Performance Appraisal Report (APAR) forms. The
probation reports, unlike APAR, are written to help the supervising officer to
concentrate on the special needs of probation and to decide whether the work
and conduct of the officer during the period of probation or the extended
period of probation are satisfactory enough to warrant his further retention in
service or post. The probation reports thus do not serve the purpose for which
the APARs are written and vice versa. Therefore, in the case of all
probationers or officers on probation, separate probation reports should be
written in additional to the usual APARs for the period of probation.
7.
Save for exceptional reasons, 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.
8.
A probationer, who is not making satisfactory progress, should be informed of
his shortcomings well before the expiry of the original probationary period so
that he can make special efforts at self-improvement. This can be done by
giving him a written warning to the effect that his general performance has not
been such as to justify his confirmation and that, unless he showed substantial
improvement within a specified period, the question of discharging him would
have to be considered. Even though this is not required by the rules, discharge
from the service being a severe, final and irrevocable step, the probationer
should be given an opportunity before taking the drastic step of discharge.
[OM No.
F.44/1/59-Ests(A) dated 15.04.1959]
9.
During the period of probation, or any extension thereof, candidates may be
required by Government to undergo such courses of training and instructions and
to pass examinations, and tests (including examination in Hindi) as Government
may deem fit, as a condition to satisfactory completion of the probation.
TERMINATION
OF PROBATION
10.
The decision whether an employee should be confirmed or his probation extended
should be taken soon after the expiry of the initial probationary period, that
is within six to eight weeks, and communicated to the employee together with
the reasons in case of extension. A probation who is not making satisfactory
progress or who shows himself to be inadequate for the service in any way
should be informed of his shortcomings well before the expiry of the original
probationary period so that he can make special efforts at self-improvement.
[OM No.
F.44/1/59-Ests(A) dated 15.04.1959]
11.
On the expiry of the period of probation, steps should be taken to obtain he
assessment reports on the probationer to:-
(i) Confirm
the probationer/issue orders regarding satisfactory termination of probation,
as the case may be, if the probation has been completed to the satisfaction of
the competent authority; or
(ii) Extend
the period of probation or discharge the probationer or terminate the services
of the probationer as the case may be, in accordance with the relevant rules
and orders, if the probationer has not completed the period of probation
satisfactorily.
[OM No.
21011/2/80-Estt.(C) dated 19.05.1983]
12.
In order to ensure that delays do not occur in confirmation, timely action must
be initiated in advance so that the time limit is adhered to.
[OM No.
18011/2/98-Estt.(C) dated 28.08.1998]
13.
If it appears to the Appointing Authority, at any time, during or at the end of
the period of probation that a Government servant has not made sufficient use
of his opportunities or is not making satisfactory progress, the Appointing
Authority may revert him to the post held substantively by him immediately
preceding his appointment, provided he holds a lien thereon or in other cases
may discharge or terminate him from service.
14.
A Probationer reverted or discharged from service during or at the end of the
period of probation shall not be entitled to any compensation.
EXTENSION OF
PROBATION PERIOD
15.
If during the period of probation, a probationer has not undergone the
requisite training course or passed the requisite departmental examinations
prescribed (proficiency in Hindi, etc.), if any, 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.
16.
The Appointing Authority may, if it so thinks fit, extend the period of
probation of a Government servant by a specified period but the total period of
probation does not exceed double the normal period. In such cases, periodic
reviews should be done and extension should not be done for a long period at
one time.
17.
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 Service/ Post at the end of his period of probation, having
been completed satisfactorily.
LEAVE TO
PROBATIONER, A PERSON ON PROBATION
18.
A person appointed to a post on probation shall be entitled to leave under the
rules as a temporary or a permanent Government servant according as his
appointment is against a temporary or a permanent post. Where such person
already holds a lien on a permanent post before such appointment, he shall be
entitled to leave as a permanent Government servant.
19.
The period of joining time availed of by a probationer on return from leave
should be counted towards the prescribed period of probation if but for the
leave, he would have continued to officiate in the post to which he was
appointed.
20.
If, for any reason, it is proposed to terminate the services of a probationer,
any leave which may be granted to him shall not extend –
(i) (i) beyond
the date on which the probation period as already sanctioned or extended
expires, or
(ii) (ii) beyond
any earlier date on which his services are terminated by the orders of an
authority competent to appoint him.
[Rule 33
CCS(Leave) Rules 1972]
CONFIRMATION
21.
If, during the period of probation or any extension thereof, as the case may be
Government is of the opinion that an officer is not fit for permanent
appointment, Government may discharge or revert the officer to the post held by
him prior to his appointment in the service, as the case may be.
22.
Confirmation will be made only once in the service of an official which will be
in the entry grade post/service/cadre provided further confirmation shall be
necessary when there is fresh entry subsequently in any other
post/service/cadre by way of direct recruitment or otherwise. Confirmation is
de linked from the availability of permanent vacancy in the grade. In other
words, an officer who has successfully completed the probation, as prescribed
under relevant rules, may be considered for confirmation. A specific
order of confirmation will be issued when the case is cleared from all angles.
[OM No.
18011/1/86-Estt.(D) dated 28.03.1988]
23.
On satisfactory completion of the period of probation or extension thereof, the
Government may confirm a temporary Government servant to his appointment from
the date of completion of the period of his probation or extension thereof.
[OM No.
18011/1/86-Estt.(D) dated 28.03.1988]
24.
The date from which confirmation should be given effect to is the date
following the date of satisfactory completion of the prescribed period of
probation or the extended period of probation, as the case may be. The decision
to confirm the probationer or to extend the period of probation as the case may
be should be communicated to the probationer normally within 6 to 8 weeks. Confirmation
of the probationer after completion of the period of probation is not automatic
but is to be followed by formal orders. As long as no specific orders of
confirmation or satisfactory completion of probation are issued to a
probationer, such a probationer shall be deemed to have continued on probation.
[OM No.
21011/2/80-Estt.(C) dated 19.05.1988]
25.
Where probation on promotion is prescribed, the appointing authority will on
completion of the prescribed period of probation assess the work and conduct of
the officer himself and in case the conclusion is that the officer is fit to
hold the higher grade, he will pass an order declaring that the person
concerned has successfully completed the probation. If the appointing authority
considers that the work of the officer has not been satisfactory or needs to be
watched for some more time he may revert him to the post/service/cadre form
which he was promoted, or extend the period of probation, as the case may be.
[OM No.
18011/1/86-Estt.(D) dated 28.03.1988]
26.
Since there will be no confirmation on promotion before an official is declared
to have completed the probation satisfactory, a rigorous screening of his
performance should be made and there should be no hesitation to revert a person
to the post or grade from which he was promoted if the work of the officer
during probation has not been satisfactory.
[OM No.
18011/1/86-Estt.(D) dated 28.03.1988]
27.
A Government servant appointed by transfer would duly have been confirmed in
the earlier post. In such a case further confirmation in the new post would not
be necessary and he could be treated as permanent in the new post. Where,
however, a Government servant who has not already been confirmed in the old
post is appointed by transfer, it would be necessary to confirm him in the new
post. In such cases, he may be considered for confirmation after watching him
for two years. Within that period of two years, the officer would earn two
reports in the new grade and the DPC may consider his case for confirmation on
the basis of these APARs.
[OM No.
18011/3/88-Estt(D) dated 24.09.1992]
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