no continuation after completion of probation
ash
(Querist) 10 January 2011
This query is : Resolved
i want to ask a question.i am working as a lecturer in a permanantly nongrant institution.in advertisement institution said that payment will be as per ugc norms and they didnot mentioned that that nature of appointment will be of CONTRACT BASIS. i was selected trough a selection commitee.the college gave me order of appointment with a fixed salary of 8,000 rs. also i got approval from university of probation of 2 years .they promised me that they will increase my salary upto 23000rs .as my other collegues are getting this much amount.now i have completed my 2 years probation perid in the month ofseptember 2010 and its januray 2011 and yet they have not issued me a confirmation letter .i am getting salary of 8000 monthly.so can i claim a confirmed service or not?
Kirti Kar Tripathi
(Expert) 10 January 2011
Under the law to appoint a person on probation means to appoint a person against the permanent post to watch his performance for a specific period generally mentioned in appointment letter. But the legal position as to whether the employee after completion of probation period is deemed to have permanent or not is ambiguous. Even the Hon'ble Supreme Court in certain cases held that the person after completion of probation period is deemed to have been permanent employee whereas in some cases it was held a probationer shall not be deemed permanent unless he is declared by his employer as permanent by a speaking order. But a probationer can not be retained as probation for unlimited period. The employer is bound to take decision about his performance within reasonable period. The term reasonable period depends on circumstances of the case.
ash
(Querist) 10 January 2011
thanks sir for your reply .i got approval from university which mentions that employee can be continued after completion of probation period accordind to minority statue 219 .sir plz can u explain and suggest me further steps to be taken?
Kirti Kar Tripathi
(Expert) 10 January 2011
can you email your appointment letter and this letter.
ash
(Querist) 10 January 2011
sir can i get your email id plz
Advocate. Arunagiri
(Expert) 11 January 2011
Untill and unless the confirmation order is issued, you will continue to be on probation only.
Ajay Bansal
(Expert) 11 January 2011
Agreed with Arunagiri.
malipeddi jaggarao
(Expert) 11 January 2011
Three months is not unreasonable period. You can find out the reasons from the Management for the delay.
R.venkatesh Naidu
(Expert) 14 January 2011
certainly, you can claim your service and salary by way of approached to concern UGC forum if you not satisfy you may approach concern state appelate tribunal
