Probation & Confirmation In Service
An appointment on probation means that the appointee has been recruited on a trial basis for a particular period. Initially every appointment made on probation. Period of probation gave a sort of locus poenitentiae to the employer to observe the work, ability, efficiency, sincerity and competence of the servant and if he is found not suitable for the post, the master reserved a right to dispense with his service without anything more during or at the end of the prescribed period.
It is well settled law that generally a probationer does not acquire any substantive right to the post and cannot complain if his service is terminated at any time during the probationary period. A probationary appointment in the absence of any special contract or special rule regulating the condition of service, the implied term of such appointment is that it is terminable at any time.
Period of Probation-
Appointment made on probation for a specific period of time ends by expiration of time and the person holding such post has no right to continue on the said post. A person having accepted the terms and condition stipulated in the appointment letter and allowing the period for which he was appointed to have lapsed by efflux of time. The period of probation could be extended at the discretion of the appointing authorities or they might also indicate the maximum period for which an appointee might be kept on probation.
Concept of probation –
The object of probation is to find out whether the incumbent is the person for the job. If the employer is not satisfied himself about the work efficiency and credibility of the employee, then he can extend the probation period. An employee on probation can’t claim continuity on post or job without Confirmation. His right will arise after confirmation.
A Probationer is entitled to be considered for confirmation upon successful completion of probation, on such confirmation he is considered to be substantively appointed in service and secures a right to the post. It is settled law that, generally, a confirmation order should be specifically issued. If the Confirmation is expressly made dependent upon the probationer fulfilling certain objective criteria e.g. passing a confirmation test, then his failure in the test would justify denial of confirmation. In the process of confirmation the employer has to act in just and fair manner.
Effect of Confirmation –
Before confirmation a probationer has no right to hold the post. After Confirmation a candidate attain a substantive status and all incidents of such status are immediately attracted. Once Confirmed, the services of a person holding a civil post can only be terminated in accordance with his condition of service or rules which are constitutionally valid. If he is to be dismissed or removed or reduced in rank i.e. inflicted with punishment then the provisions of Art. 311 have to be complied with.
Effect of Non-Confirmation-
An appointment on probation means and implies that if at the end of the period of probation or the extended period, the employer is of the view that the performance of the probationer has not been satisfactory and he is not found suitable for the post to which he has been recruited or he has failed to fulfill any condition precedent for confirmation, then the probationary period comes to an end and the jural relationship ceases.
Where the appointment on probation was by way of promotion from a lower post to a higher post or by transfer from one post to another post, the consequence of non-confirmation under similar circumstances is that the concerned employee is reverted back to the post from which he was appointed by way of promotion or transfer.