Master Circular on Probation /Confirmation in Central Services - DoPT Orders dt.2.7.2018
DoPT
No.28020/3/2018-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated 02nd July, 2018
OFFICE MEMORANDUM
Subject:
Master Circular on Probation /Confirmation in Central Services-reg.
The
undersigned is directed to refer to this Department's OM No.
28020/1/2010 dated 21.07.2014 on the above subject and to say that
guidelines/instructions regarding Probation and Confirmation have been
issued from time to time. It is now proposed to further consolidate
these instructions to provide clarity and ease of reference.
2.
Before the Master Circular is finalized, it is requested to furnish
comments/views in this regard, if any, by 16.07.2018 to the undersigned
at the e-mail address jha.sn@nic.in
sd/-
(Surya Narayan Jha)
Under Secretary to the Government of India
MASTER CIRCULAR ON PROBATION AND CONFIRMATION IN CENTRAL SERVICES PROBATION
1.
A person is appointed on probation in order to assess his suitability
for absorption in the service to which he has been 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.
3.
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.
4. Concentration of attention on
the probationer's ability to pass the probationary or the departmental
examination, if applicable, is essential part of the qualification for
confirmation but not the most important part. 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.
5. 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 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 extend 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 addition to the usual APARs for the period of probation.
6.
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.
7. 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 server, final and irrevocable step, the probationer
should be given an opportunity before taking the drastic step of
discharge.
8. 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.
MANDATORY INDUCTION TRAINING
9.
In all cases of direct recruitment there should be a mandatory
induction training of at lest two weeks duration. Successful completion
of the training may be made a pre-requisite for completion of probation.
The syllabus for the training may be prescribed by the Cadre
authorities and the Training Division of DOPT can be consulted, if
required. The recruitment rules for all posts, wherever such a provision
does not already exist, may be amended to provide for such mandatory
training. Till such time as the Recruitment Rules are amended, a clause
on the above lines may be included in the offer of appointment.
PERIOD OF PROBATION
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 from 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 |
(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 in
the new post the Job requirements of which may be quite different from
those of the old post.
(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.
(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.
(C) APPOINTMENT ON CONTRACT BASIS, TENURE BASIS, RE-EMPLOYMENT AFTER SUPERANNUATION AND ABSORPTION
There shall be no probation in the cases for appointment on contract
basis, tenure basis, re-employment after superannuation and absorption.
LEAVE TO PROBATIONER, A PERSON ON PROBATION
1. 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.
2. 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.
3.
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) Beyond the date on which the probation period as already sanctioned or extended expires, or
(ii) Beyond any earlier date on which his services are terminated by the orders of an authority competent to appoint him.
EXTENSION OF PROBATION PERIOD
4. 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.
5. 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.
6. 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.
7. Some employees are not able to
complete the probation on account of availing leave for long duration
during probation period. In such cases if an employee does not complete
75% of the total duration prescribed for probation on account of
availing any kind of leave as permissible to a probationer under the
Rules, his/her probation period may be extended by the length of the
Leave availed, but not exceeding double the prescribed period of
probation.
TERMINATION OF PROBATION
8. 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
probationer 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
9. On the expiry of the period of probation, steps should be taken to obtain the 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.
10. In order to
ensure that delays do not occur in confirmation, timely action must be
initiated in advance so that the time limit is adherred to.
11. 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.
12. A Probationer reverted or discharged from
service during or at the end of the period of probation shall not be
entitled to any compensation.
CONFIRMATION
13.
If, during the period of a 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.
14. 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
angels.
15. 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.
16. 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.
17. Some employees are not
able to complete the probation on account of availing leave for long
duration during probation period. In such cases if an employee does not
complete 75% of the total duration prescribed for probation on account
of availing any kind of leave as permissible to a probationer under the
Rules, his/her probation period may be extended by the length of the
Leave availed, but not exceeding double the prescribed period of
probation.
TERMINATION OF PROBATION
18.
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
probationer 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
19. On the expiry of the period of probation, steps should be taken to obtain the 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.
20. In order to
ensure that delays do not occur in confirmation, timely action must be
initiated in advance so that the time limit is adherred to.
21. 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.
22. A Probationer reverted or discharged from
service during or at the end of the period of probation shall not be
entitled to any compensation.
CONFIRMATION
23. If, during the period of a 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
24. 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
angels.
25. 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.
26. 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 contined on probation.
28. 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 on 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 from which he was promoted, or extend the
period of probation, as the case may be.
29. Since there will be
no confirmation on promotion before an official is declared to have
completed the probation satisfactorily, 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.
30. 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 case, 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.
Source:
https://dopt.gov.in/
