• Home
  • Expected DA
  • CSD
  • DoPT Orders
  • Holiday 2020

CENTRAL GOVERNMENT EMPLOYEES NEWS DOPT ORDERS

DOPT, DOPT Orders, Expected DA, Employment News, Central Govt. Employees News, Centralgovernmentemployeesnews

  • Latest 7th CPC News
  • Dopt Orders
  • Finmin Orders
  • Retirement Age
  • CGHS
You are here: Home / CCS Rules / Timely confirmation in various Central Civil Services – DOPT issue guidelines reg.

Timely confirmation in various Central Civil Services – DOPT issue guidelines reg.

November 1, 2010 admin 3 Comments

PROBATION PERIOD

  

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 vls 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

Continue to read the OM, pl. click the link given below…
www.persmin.nic.in

  
  

Latest Posts

AFD CSD Canteen Online Login Portal Process

November 9, 2022 By admin Leave a Comment

DA or Dearness Allowance Latest News

November 9, 2022 By admin Leave a Comment

Cancellation of Flight Tickets booked under LTC during the Lockdown period

November 9, 2022 By admin Leave a Comment

Holiday Home Refund – Cancellation of Advance Booking for CG Staff and Pensioners

November 9, 2022 By admin Leave a Comment

Expected DA Tool for July 2020

November 9, 2022 By admin Leave a Comment

DA Arrears Loss Calculator: Freezing of DA Period from Jan 2020 to June 2021

November 9, 2022 By admin Leave a Comment

DR (Dearness Relief) Arrears Loss in Pension Calculator: 18 Months of DR Freezing Period

November 9, 2022 By admin Leave a Comment

Dearness Allowance (DA) News from July 2020

November 9, 2022 By admin Leave a Comment

CSD Dealer List in India (Updated)

November 9, 2022 By admin Leave a Comment

Maharashtra Pay Matrix Table for all Pay Level

November 9, 2022 By admin Leave a Comment

7th Pay Commission Other Topics

Top Headlines of 7th CPC Report:

  • 7th Pay Commission Pay Scale Calculator
  • 7th Pay Commission Salary Calculator 2019
  • 7th Pay Commission Pay Fixation Calculator
  • 7th Pay Commission DA Rates Table
  • 7th Pay Commission Pay Fixation
  • 7th Pay Commission MACP Scheme
  • 7th Pay Commission Children Education Allowance
  • 7th Pay Commission Transport Allowance
  • 7th Pay Commission Increment
  • 7th Pay Commission House Rent Allowance
  • 7th Pay Commission Classification of Posts
  • 7th Pay Commission LTC Rules
  • 7th Pay Commission Leave Rules
  • 7th Pay Commission Travelling Allowance
  • 7th Pay Commission House Building Advance
  • 7th Pay Commission Allowances
  • 7th Pay Commission Fitment Table
  • 7th Pay Commission Advances
  • 7th Pay Commission CGEGIS
  • 7th Pay Commission Risk & Hardship Allowances

Comments

  1. Radhakrishnan says

    June 16, 2011 at 11:13 pm

    i am a temporary servant who has given 19 years of service.due to some vigilance proceedings,my promotion has been denied.still, the case is pending in the court. can i claim my promotion and confirmation?

    Log in to Reply
  2. Ritu Bhutani says

    January 26, 2011 at 3:54 pm

    Whether a Govt. Servant placed suspension period prior to 1.4.2004 (date of merger of 50% D.A. into D.P.) is entitled for HRA at enhanced rates from 1.4.2004 onwards during suspension period ?

    Log in to Reply
  3. Rajesh R says

    November 1, 2010 at 5:29 pm

    I am serving with GREF and completed 11 years service. after completion of 10 yrs, MACP has been granted to me with GP.1900/- wef 10 Feb 2009.
    1) Last pay drawn in the lower post and pay scale thereof :-
    Rs.6410/ wef 01 Jul 2008 PB-1 5200-20,200 and GP 1800/-. Please send Pay fixation proforma under MACP (Option case) to my e-mail ID, if possible.

    sri, please calculate pay and intimate howmuch be granted to me

    Log in to Reply

Leave a Reply Cancel reply

You must be logged in to post a comment.

CSD PRICE LIST 2020

ALL CSD PRICE LIST - ALL TWO AND FOUR WHEELER CSD PRICE LIST
CSD PRICE LIST OF LED TV 2020
CSD CANTEEN LATEST PRICE LIST 2020
CSD CANTEEN DEPOT LIST 2021

KV SCHOOL LIST 2020

List of 1230 Kendriya Vidyalaya in India – New Website Link of all KV School


KV School Fees Structure 2021-22

Authorised Medical Attendant List

Chennai Authorised Medical Attendant List (62)
New Delhi Authorised Medical Attendant List (294)
Haryana Authorised Medical Attendant List (18)
Uttar Pradesh Authorised Medical Attendant List (13)

Pay Matrix Chart

Central Government Employees News Latest Update
7th Pay Commission Pay Scale Calculator
 CG Offices Holiday List 2020 – PDF Download
 Expected DA from January 2020 Calculator
7th Pay Commission Salary Calculator Updated Oct 2019
7th CPC Pay Fixation on Promotion MACP Calculator
 Pay Matrix Table for CG Employees
7th CPC Pay Matrix Chart (Level 1 to 5)
7th CPC Pay Matrix Chart (Level 6 to 9)
7th CPC Pay Matrix Chart (Level 10 to 12)
Latest 7th Pay Commission News Updates
Pay Matrix Table for Defence Personnel
Defence Pay Matrix Table for Level 3 to 5
Defence Pay Matrix Table for Level 5A To 9
Defence Pay Matrix Table for Level 10 to 11
Defence Pay Matrix Table for Level 12A to 14
Defence Pay Matrix Table for Level 15 to 18

CGHS Application Forms Download

Life Certificate for Pensioners
Marriage Cerificate
Pension switchover to other banks
Insurance Form
Medical reimbursement form essentiality certificate
CGHS-Card - AUTONOMOUS BODIES Form
CGHS Card-PENSIONERS Form
Application Form for Plastic-Cards
Arrears Pensions Form
Family Details Form
Commulated Value Pension Form
Essentiality Certificate-A
Essentiality Certificate-B

Application Forms Download

Children Education Allowance Form
BSNL Braodband Offer Form
Leave Application Form
LTC Application Form
Home Town Declaration Form
Extention of Leave Form
Reconveyance of HBA Form
Holiday Homes Application Forms

Copyright © 2023 · Magazine Pro Theme on Genesis Framework · WordPress · Log in