PROBATION & SENIORITY
The period
during which a fresh entrant to service or a person appointed to a higher post
or the first time either by promotion within the service or by transfer from
any other service, is put on test for determining his fitness to hold the post
in a service, class or category.
• (Defined under Rule 2 (24) of A.P.
State & Subordinate Service Rules, 1998)
• Rule 16, 17, 18, 19, 20 of A.P.
State & Subordinate Service Rules, 1998 deals with
PROBATION:
Rule 16(a) Commencement of probation
for direct recruitee: From the date of joining duty or
such other date as may be specified by the appointing authority.
Rule 16(b) Minimum service for
commencement of probation: A period not
less than 60 days from the date of joining duty after having appointed on a
regular basis in accordance with rules.
Rule 16(c) Period of probation:
(i)
For direct recruits: Two years on duty within a
continuous period of three years.
(ii)
For promotees/ appointees by appointment by transfer:
One year on duty within a continuous period of two years.
(iii)
Service in higher category in the same service counts
for probation in the lower category.
Rule 16(d) Where no provision is made in special rules for
probation, the provisions in this part shall be construed as if the expression
probation and probationer/ approved probationer mean officiating service and
person officiating service and person officiating respectively.
Rule 16(e) Must Pass tests/acquire special qualifications if so
required under these rules or special service rules.
Rule 16(f) (i) Failure
to pass test/acquire any qualifications, if the probation is not extended under
Rule 17(b) such employees shall be discharged.
Rule 16(f) (ii) If
the results of the test in which the probationer appeared for the Test, such
probationer shall be continued till the publication of such results.
Rule 16(f) (iii) In case such probationer fails to pass in such test such
probationer shall be discharged from service.
Rule 16(g) Exemption: A probationer before commencement of probation already
passed the tests/acquired qualification prescribed in the special rules, he
shall not be required to acquire such qualifications or pass or to pass such
special test again after commencement of probation.
Rule 16 (h) Change of date of
commencement of probation: A probationer who does not pass the
prescribed tests/acquired special qualifications within the period of probation
or extended period of probation under Rule 17 or under Rule 31 , till the date
of his passing such test or acquiring qualifications shall be deemed to have
commenced the probation with effect the date to be fixed by Government, which
would be anterior to a date to his passing such test or acquiring special
qualifications, so , however, that the interval between the two dates shall be
equivalent to the prescribed period of probation whether on duty or otherwise
and seniority of such probationers shall be determined with reference to the
date so fixed (w.e.f. 9-3-1981)
Under Rule 17: Probation can be suspended for want of a vacancy.
Probation can be terminated for unsatisfactory work or for failure to pass the
prescribed tests. Probation can be extended in case of failure of passing
tests.
Under Rule 18: A decision as to extend/suspend or discharge from service
should be taken within 8 week on expiry of probation period.
• If
no such order is passed within one year of expiry of probation period, such
employee be deemed to have satisfactorily completed the period of probation and
a formal order should be issued.
• In
case of charges pending, the above position does not apply
Under Rule 19: Rights of a probationer and approved probationer for
re-appointment:
a) A
vacancy shall not be filled by a person who has not yet commenced his probation
when approved probationer or probationer is available.
b)
i) Discharge of a Probationer or Approved Probationer: A probationer or an
approved probationer shall be discharged for want of vacancy in the order of
juniority.
c)
When lien is not terminated in case of leave, foreign service or deputation, an
approved probationer is entitled for re-appointment and promotion and seniority
in the parent department as if he is not absent from service .
Under Rule 20: The powers exercisable by appointing authority other than
State Government may be exercised by any higher authority to whom such
appointing authority is administratively subordinate whether directly or
indirectly in the following cases:
1)
Discharge of probationer under Sub rule (f) of R -16 or clause (ii) of sub rule
(a) of Rule 17 and 2) Extension of probation under sub rule (a) of (b) of Rule
17
Any
leave other than Optional holidays and casual leave availed during probation do
not count for probation. Public holidays and optional holidays prefixed or
suffixed to such leave also do not count as duty for probation. (G.M.No.
16888/64-2 GAD dt. 4-7-1964).
When
notional promotion is assigned such notional date shall be computed for
qualifying service in feeder category for promotion and such notional service
shall be counted for declaration of probation in the feeder category. (Rule 33
( c) .
Every
person appointed shall pass language test in Telugu with in probation period
failing which probation shall be extended and increments shall be postponed
without cumulative effect till he passes the test. (Rule 13)
A
person who completes 45 years of age is eligible for exemption subject to
payment of increments notionally with monetary benefit from the date of
exemption (Second Proviso under Rule 13)
EXAMPLES:
Date of joining : 10-02-2012:
Not availed any leave during
probation. Exempted from passing language test in Telugu. Passed prescribed
departmental tests within two years . When he completes his probation.
period
from to Duty/leave Y.M.D
10-2-2012 to 29-2-2012 Duty 00-00-20
01-3-2012 to 31-1-2014 Duty 01-11-00
01-2-2014 to 10-2-2014 Duty 00-00-10
02-00-00
Completes his probation on the AN of
10-2-2014.
Date of joining: 10-02-2011:
Exempted from passing language test
in Telugu. Passed prescribed departmental tests within two years. Availed EOL
from 1-10-2011 to 31-12- 2011. When he completes his probation.
period
from to Duty/leave Y.M.D
10-02-2011 to 28-02-2011 Duty 00-00-19
01-03-2011 to 30-09-2011 Duty 00-07-00
01-10-2011 to 31-12-2011 EOL
01-01-2012 to 31-12-2012 Duty 01-00-00
01-01-2013 to 30-04-2013 Duty 00-04-00
01-05-2013 to 11-05-2013 Duty 00-00-11
02-00-00
Completes his probation on the AN of
11-5-2013
Date of joining : 10-02-2012:
Not availed any leave during
probation. Exempted from passing language test in Telugu. Passed prescribed
departmental tests on 11-5-2014 after two years within three years . When he
completes his probation.
period
from to Duty/leave Y.M.D
10-2-2012 to 29-2-2012 Duty 00-00-20
01-3-2012 to 31-1-2014 Duty 01-11-00
01-2-2014 to 10-2-2014 Duty 00-00-10
02-00-00
Completes his
probation on the 12-5-2014
i.e. the day
following the date of passing last examination
Date of joining : 10-02-2011:
Not availed any leave during
probation . Exempted from passing language test in Telugu. Passed prescribed
departmental tests on 11-5-2014 after two years within three years. When he
completes his probation.
Date of commencement : 10-02-2011
Completion of two years : 09-02-2013
Completion of three years : 09-02-2014.
Date of completion of test : 11-05-2014
Commencement of Probation has to be
revised from 10-2-2011 to 12-5-2012
i.e. date two years anterior to date
of completion of tests. Rule 16 (h)
His probation shall be declared from
12-5-2014.
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