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saurav (private practice)     30 July 2009

regularisation of service

 whether completion of probation period ispo facto entitles person for regularisation



 4 Replies

Guest (Guest)     30 July 2009

It is prudent on the employer to intimate the employee about his successful completion of probationary period and confirmation of his service or otherwise extention of probationary period permissible in the contract of service, after completition of probationary period.  But most of the times, the employer keeps mum.  Hence, after giving a month's gap, it is good for the employee to request the employer (with utmost politeness) in writing asking him for confirmation letter.

a.k.vijayakumar (Stenographer Grade-III)     05 January 2010

Sir,

I have been recruited to a Class-III post in a Govt. of India Office in July 1981 through Employment Exchange,  on Ad-hoc basis.  After six years, of continuous service, my service was regularized from July 1987, after qualifying an Exam. of S.S.C.,   Is there any chance of getting my Service from 1981 to 1987 regularized, as my Department is not considering this period for sanctioning A.C.P. to me.

a.k.vijayakumar (Stenographer Grade-III)     06 January 2010

Sir,

           Thank you so much for the reply.   

            Yes! it is indeed a discrimination, Sir! As per the Recruitment Rules  "90% of the appointments are made under Direct  Recruitment Quota and 10% on promotion from Class-IV staff".  This is an Ex-Cadre post and Staff Selection commission is not conducting any Examination /Test for recruitment to this post.   Recruitments to this post were made through Exmployment Exchange only, initially on ad -hoc basis.  There are so many cases in which staff recruited like this were regularised earlier.  But my Department is not considering my case,even after repeated representations and reminders.  They simply says that ad-hoc service could not be taken into consideration for granting ACP and avoid replying to my  references about earlier regularization in similar cases.

            Your valued  reply is highly appreciated.

            Thanking you,

Amit (Admin)     27 October 2010

In Uma Devi case ,  [(2006) 4 SCC 1],  SC has issued directions for regularisation of lawful appointments as a one time measure. You may go through it and request your Department for implementation if covered.


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