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neeraj   28 June 2022

Confirmation of probation

i am selected in a govt electricity distribution company as a JE in 2013 , as per norms i am on training for 6 months, and after completion of training i kept on probation for 2 years , during the probation i got one year ACR "c"grade and 3 months ACR as "d"grade, after that i was suspended for 1 year from service and after that reinstate after reinstate i always got "A+" grade in my ACR .

as the company has rule of minimum 2 no ACR of probation period will be "c" grade otherwise probation will be extended up to for 1 year . and after completion of that probation period a formal order of confirmation will be released.

but in my case they never intimate me for any extension or any letter regarding probation , but on publication of gradation list when i contacted to higher authority they said as your ACR of that period is below grade so we can extend or terminate you now.

i want to know that can after 7 year of completion of probation and 6 year of extended period of probation if there was any can they terminate me now , as during this time i get regular increments and my departmental inquiry is also completed and it is concluded in minor penalty of one non cumulative increment in 2019.

so please let me guide can i go to court if they extend or terminate me on that basis after 7 years , and what are the rules and chances in high court.



Learning

 2 Replies

Mahi Manchanda   06 July 2022

Hi,

Under section 2 of the Model Standing Order, probation period is usually 6 months however it can be extended by a by a period of three months at a time at the discretion of management. The maximum probation period can't exceed two years.

While employers have a right to extend probation, it 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.

Employers can terminate employees if they have a valid reason, whther or not on probation.

You should get in touch with a lawyer and discuss the nitty gritties about whether ir not you can file a case.

I hope this helps.

Have a good day.

Sudhir Kumar, Advocate (Advocate)     15 January 2023

You have already stated that you are PSU employee.  So Model standing orders may not apply in your case.

 

Get hold of the probation rules of the company and then discuss.


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