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Extension of probationary period and seniority in government jobs

(Querist) 25 September 2015 This query is : Resolved 
I joined in a government job 0n 07-feb-2007. I passed department exams in 3 years. I also availed 9 months extra ordinary leave from june-2007 to Mar-2008. My probationery period was declared on nov-2009.
Kindly clarify on the following:
1) Is there any change in the seniority
2) Does it affect on my promotional chances due 16(H)?
Sudhir Kumar, Advocate (Expert) 26 September 2015
PROBATION EXTENSION OR EOL DOES NOT INVOLVE CHANGE OF SENIORITY
P. Venu (Expert) 26 September 2015
What is the reason for the concern expressed in the query?
Rajendra K Goyal (Expert) 26 September 2015
What was the due date of completing probation?

Whether you have received any communication regarding extension of probation / change in seniority?
srinu (Querist) 26 September 2015
Our department communicated provisional seniority list where is my seniority position is at sl.no 5. In this list first 7 members are are Direct recruitees. next 8 members are promotees. Promotees joined June 2007. Ours is a very small department and hence DPC will happen once in 10 years due to less vacancies in higher cadres.
Promotes claim that they have to be accommodated in the final list by implementing rule 16(H). These promotes have already passed all Department tests before 2007. If it is done promotees will come in between direct recruitees. Please clarify whether their claim is correct or not?
Guest (Expert) 26 September 2015
Mr. Srinu,

Several questions arise out of your half baked post, like -

1) Are you direct recruit?
2) Whether appointed on Group-A, B or C post on probation?
3) What was the year of recruitment of the direct recruits?
4) Were you appointed permanently or temporarily?
5) What do you mean by your "probationery period was DECLARED on nov-2009, when you joined in Feb 2007?"
6) State the name of the rules to which you refer Rule 16(H)?
7) Is there any mention in yoour recruitment rules that the DPC will be held only after interval of 10 years?
Sudhir Kumar, Advocate (Expert) 27 September 2015
If you do not represent against the draft seniority list now then forget about objecting to any promotion at later stage.
Guest (Expert) 27 September 2015
Dear Sudhir,

Provisional seniority can never be the critera for promotion. The organisation will have to prepare final seniority list by fixing inter-se amongst the direct recruits and promottes based on years of their selection, as per their recruitment rules, vis-a-vis the fulfillment of requirement of the reservation roaster.
srinu (Querist) 27 September 2015
I am direct recruit and selected through AP State public service commission in GROUP-1 exam in Feb 2007. I am a permanent employee and now my services are regularized. There is nothing like that conducting of DPC once in 10 years in recruitment rules. The delay in conducting of DPC is due to few promotion posts in the next cadre.
K.S.Srinivas (Expert) 27 September 2015
1. NO
2. No
Guest (Expert) 27 September 2015
You have not replied all my questions.

However, (1) your final seniority list will be prepared by fixing inter-se seniority amongst the direct recruits and the promottes, as per the quota of posts. Neither direct recruits are place enblock senior nor the promottes. Notwithstanding the AP Rules of fixation of seniority, if are different than the Central Government, normal rule is to adjust one on one basis. That process may change your position in the final seniority list.

(2) Promotion may also be in the same order, if that is on seniority cum fitness. If promotion rules are based on merits, that may be depend upon grading in annual confidential records/ APAR, as the case may be.

Rest depends upon several other criteria as per your details as well as the details about the promotees.
srinu (Querist) 27 September 2015
Thanks a lot
Guest (Expert) 27 September 2015
You are welcome.
T. Kalaiselvan, Advocate (Expert) 02 October 2015
Nothing more to add to the experts opinions given thereby.


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