Introduction and Meaning of Probation:
According to Wharton’s Law
Lexicon, Suspension of final appointment to an office until a person
temporarily appointed to an office has by his conduct period himself to be fit
to fill the permanent appointment.
The word Probationer has been
interpreted in the case Law reported as Punjab Road Transport board versus
Muhammad Fazal Hussain and others in PLD Lah 531 as under.
Probationer is an employee, who
remains an trial until within specified period his employer considers him fit
to be kept on Job. During the period of Probation, his Services remain at
pleasure of employer and of the employer does not fell satisfied with his work
his Services can be terminated.
In other words, Probation is a
time period during which the efficiency of functioning of a Civil Servant is
under observation by the authorized person.
We may also say that Probation
means period of testing and trial or testing a person’s conduct abilities and
qualities before he is admitted to a particular post / position.
Persons appointed by initial
appointment Promotions or transfer shall be on Probations. It is a preliminary
step towards the permanent appointment of a person to a particular post, the
appointee is taken on trial so that to judge his fitness for procure the
permanent
Relevant Provisions / Laws:
Section (6) six of the Civil
Servants Act 1973 read with rule 21 of the Civil Servants (Appointment,
Promotion, Transfer) rules 1973,
·
Cross Reference:
Section sic (6) of Khyber
Pakhtunkhwa Civil Servants Act 1973 read with rule fifteen (15) of Khyber
Pakhtunkhwa Civil Servants (Appointment, Promotion, Transfer) rules 1989
Modes of appointment of Civil Servants:
According to Rule 3 of CS (A.P & T) rules 1973 Appointments to posts
shall be made by any of the following methods.
·
By initial appointment in accordance with
part III of the Civil Servants (Appointment, Promotion, Transfer) rules 1973.
·
By Promotion in accordance with part II of
the CS (A.P & T) rules 1973.
·
By transfer in accordance with part II of the
CS (A, P & T) rules 1973.
Ø
Period of Probation for Appointment an
Initial Recruitment Promotion and Transfer:
According to Rule 21. CS (A, P
& T) rules 1973, Persons appointed by initial appointment, promotion or
transfer shall be on probation for a period of one year.
Ø
Curtailment of Period Of First Year / Initial
Period Of Probation:
The period of probation may be
curtailed for good and sufficient reasons, to be recorded, or, if considered
necessary,
Ø
Extension of Initial Period Of Probation:
It may be extended for a period
not exceeding one year as may be specified at the time of appointment.
Completion of Period of Period of Probation:
On the successful completion of
probation period, the appointing
authority shall, by specific order, terminate the probation but If no order is
issued under sub-rule (3), on the expiry of the first year of probation period,
the period of probation shall be deemed to have been extended under sub rule
(2): Provided that, subject to the provisions of proviso to sub-section (2) of
section 6 of the Civil Servants Act, 1973 in the absence of an order under
sub-rule (3), the period of probation shall, on the expiry of the extended
period under sub-rule (2), be deemed to have successfully been completed.
Ø
Includes the Passing of a Prescribed
Examination Test Etc.:
According to section six (6) of
CSA 1973.
If the satisfactory completion of
Probation includes the passing of a prescribed examination test or training and
a person who is appointed a Probation has failed to par it, shall If appoint by
initial recruitment be discharged.
If appointed by transfer or
Promotion be reverted / sent back to such post from which he was transferred or
promoted so long as he holds a lien against such farmer post or if there is no
such post be discharged.
Ø
Verification of Character and Antecedents:
In the case of initial appointment
to a Service or post, a Civil Servant shall not be deemed to have competed his
period of Probation satisfactorily until his character and antecedents
(Previous conduct / behavior) have been verified as satisfactory in the opinion
of the appointing authority.
Ø
Confirmation of Probationer on A Post or
Service:
According to section (7) of the Civil Servants Act 1973 read with rule 3
of the Civil Servants (Confirmation) rules 1973. A Civil Servant initially
appointed to a post, on Probation including a Civil Servant Promoted or
appointed to a post on transfer, shall on the satisfactory completion of his
Probation, be eligible for confirmation on that post.
Ø
Termination of Service Without Notice:
According to section 11 of the CSA 1973, the Service of a Civil Servant
may be terminated without notice.
·
During the initial or extended period of
Probation.
·
By the day following the expiry of initial or
extended period of Probation.
Ø Termination of Service During
Probation Is Not A Punishment:
Where a person is appointed to a
permanent post in Government Service a Probation, the termination of his
Service during the period of Probation will not ordinarily and by itself be
punishment. Such termination does not operate as forfeiture of any right of the
Servant to held the post for he was not such right.
Ø Probationer Does Not Acquire Any
Substantive Right to The Post:
In case of appointment to a
permanent post in a Government Service on Probation, the Servant so appointed
does not acquire any substantive right to the post and consequently cannot
claim if his Service is terminated at any time during period of Probation.
CONCLUSION:
To sum up, it can be said
appointee on Probation is not entitled to a prior hearing if he is relived /
discharged or reverted to original post because it is the competent authority
who has to form his opinion in this regard [1991 SCMR 113]. Civil Servant if
not discharged from Service before expiry of Probation period, would stand
automatically confirmed, even assuming that the period of Probation stood
extended by one (1) year, where after a Civil / Servant become a permanent
employee [2009 SCMR 194]
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