Probation

Prepared By Zubair Aslam , Muhammad Afzaal Zia

Contents • INTRODUCTION •

PRINCIPLES ABOUT APPOINTMENT ON PROBATION

• PROBATION RULES. • NATURE OF PROBATION • PROBATIONER: •

TERMINATION OF SERVICE DURING PROBATION

• CASE LAW’S • DISCHARGE HOW TO BE MADE • DISPENSATION OF SERVICE DURING PROBATION • CONFIRMATION

Upload By Malik Muhammad Sabir Rays Computer College

1

Prepared By Zubair Aslam , Muhammad Afzaal Zia

2

PROBATION Introduction An initial appointment to a service or post referred to in section 5, not being an ad hoc appointment shall, be on probations may be prescribed. Appointment of a civil servant by promotion or transfer to a service or post may also be made on probation as may be prescribed.

1:

2:

3:

where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successful completion of any training, a person, appointed on probation to such service or post who, before the expiry of the original or extended period of his probation, has failed to pass such examination or test or to successfully complete course or the training shall, except as may be prescribed otherwise, ( a) (b)

4:

If he was appointed to such service or post by initial recruitment be discharged: or If he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such service or post, be discharged. Provided that, in the case of initial appointment to a service or post, a civil servant shall not be deemed to

Upload By Malik Muhammad Sabir Rays Computer College

Prepared By Zubair Aslam , Muhammad Afzaal Zia

3

have completed his period of probation satisfactorily until his character and antecedents have been verified as satisfactory in the opinion of the appointing authority. Completion of probation period automatic confirmation. On satisfactory completion of probation a civil servant case only claim to have become eligible for confirmation and nothing more-There is no concept of automatic confirmation and that it is in the discretion of the employer exercisable on the availability of permanent post. Principles about appointment on probation: In the case of appointment to a permanent post in a Govt. service on probation or on an officiating basis, the servant so appointed does not acquire any substantive right to the post, and consequently cannot claim if his service is terminated at any time. Where a Person is appointed to a permanent post in a Govt. service on probation, the termination of his service during the period of probation will not ordinarily and by itself be a punishment. Such a termination does not operate as a forfeiture of any right of the servant to hold the post, for he has no such right. Probation Rules. 1:

The main provisions of the probation rules are as follows: A person appointed to a post by initial recruitment is to be on probation for two years, and a person appointed otherwise, if the appointing authority so directs, will be on probation for a period of one year.

Upload By Malik Muhammad Sabir Rays Computer College

Prepared By Zubair Aslam , Muhammad Afzaal Zia

4

2

Service on deputation to an equivalent or higher post is to count towards the period of probation.

3

The appointing authority may, for reasons to be recorded in writing, curtail the period of probation or extend the period of probation by a period not exceeding one year at a time.

4

During or on the expiry of the extended period of probation it may pass such orders as deemed necessary.

5

If no orders are passed by the day following the completion of the initial probationary period, the period of probation is to be deemed to have been extended for one year.

6

During the extended period of probation the appointment is to deemed to be continued till further orders.

7

Subject to the provisions of sub-rule (2) if no orders have been made by the day on which the maximum period of probation expires, the probationer shall be deemed to have been confirmed in his appointment from the date on which the period of probation was last extended or may be deemed to have been so extended. •

Provided that in case of grant of extraordinary leave during the period of probation of two years, the name of the person will be removed from the seniority list and placed on a static list with no claim to promotion, seniority or confirmation for the period he remained on EOL.

Upload By Malik Muhammad Sabir Rays Computer College

Prepared By Zubair Aslam , Muhammad Afzaal Zia

5

Nature of Probation The position of a person who has been taken on probation is that he is in service but his service is subject to the condition that he will attain a sure footing only if during the period that he is on probation he shoos that he is a fit person to be retained in service. NO one can doubt that if a person who is on probation is subject to all checks to which a permanent servant is subject. He cannot, for example refuse to obey orders, keep his own hours of duty, or indulge in any malpractice.(1961PLD Lah808) Probationer: Probationer is an employee who remains on trial until within the specified period his employer consider him fit to be kept on his job(1983 PLD – Lah.531) A probationer is a person who is taken in service subject to the condition that it will attain a sure footing only if during the period that he is on probation he shows that he is a fit person to be retained in service. A person who is on probation is subject to all checks to which a permanent servant is subject. He cannot, for example, refuse to obey orders, keep his own hours of duty, or indulge in any malpractice.(1974PLD-S.C393) Termination of service during probation: In the case of Municipal committee Pattoki V Muhammad Anwar, the probationer was removed on account of misconduct by i9nvoking notice clause of appointment order, without following the procedure Upload By Malik Muhammad Sabir Rays Computer College

Prepared By Zubair Aslam , Muhammad Afzaal Zia

6

prescribed by rules: Held, that adopting the easier mode of putting an end to disciplinary action for misconduct has been issued was an outrage on rules, and where rules were applicable their observance was a must.(1984PLC (C.S)1589) Probationer-Termination of: before termination notice issued to show cause as to why services should not be terminated on account of inefficiency only, authority having no intention to remove on account of misconduct. In the copy of the order all that mentioned was that the work as well as the conduct of the petitioner was unsatisfactory, held such language could hardly be construed as tantamounting to misconduct.(1980SCMR 876) Service of probationer terminated on ground of unsatisfactory work and not on account of misconduct. Termination does not amount to dismissal or removal from service. Not amendable to constitutional protection.(1982SCMR760) CASE LAW’S Following are the cases where the services were terminated during probation. 1:

In the case of Mohammad siddique Javaid Chaudhary V Govt. of west Pakistan.(1974PLD S.C393) The services of the probationer are terminated on the ground of unsatisfactory work, such termination is not dismissal or removal from service, but is within the domain of contract or rules made by Govt. where the

Upload By Malik Muhammad Sabir Rays Computer College

Prepared By Zubair Aslam , Muhammad Afzaal Zia

7

services are terminated on ground of misconduct such course amounts to removal or dismissal, and a show cause notice is necessary; 2:

In the case of Pakistan (Punjab Province) V Riaz Ali Khan the service of the probationer was terminated on ground of unsatisfactory work and not on account of misconduct. It was held that such termination did not amount to dismissal or removal from service in circumstances and hence was not amenable to protection of constitutional provisions.(1982SCMR770) Discharge how to be made. Where a probationer’s services are terminated in accordance with conditions of contract, show-cause notice is not necessary.(1967PLD Lah1005) Where the termination of service does not appear to be by way of punishment but is simply based on contractual rights under the terms on which the appointment was made the employee is not entitled to an opportunity to show cause against the action proposed to be taken against him. The notice for the action may be to weed out the employee and discharge him from service on account of his being an unwilling, undesirable and unsuitable worker but so long as that is not shown as the ground on which he is discharged the failure to give him an opportunity under Art. 311(2) does not invalidate that order of discharge.(1959AIR Pat192) Dispensation of service during probation; That is within the discretion of the competent authority. No notice, etc, required. Reversion to lower

Upload By Malik Muhammad Sabir Rays Computer College

Prepared By Zubair Aslam , Muhammad Afzaal Zia

8

pay scale of direct recruit probationer is not, however, possible without show-cause notice and adequate opportunity. Dispensation of service during probation is not only a term and condition of service but carries no stigma. Reduction to lower pay scale amounts to penal action carrying stigma. Reversion order passed arbitrarily of probationer, in circumstances, was set aside with full arrears of pay.(1977PLC(CST)49,PLJ 1977 Tr.C(Services)140) Confirmation Confirmation of probationers lies in the discretion of employer. Confirmation of new incumbent can only be made when a permanent post exists. Officer remains a “probationer” until he fulfils conditions prescribed for confirmation. Probationer has no right to be confirmed from date of his original appointment.(1968PLD S.C37) In the case of probationer it is not necessary that there should be any direct or indirect rescission of the contract, because satisfaction of the employer after trying the employee is condition precedent to the final admittance of an employee into service.(1958PLD S.C(Pak258)

Upload By Malik Muhammad Sabir Rays Computer College

Prepared By Zubair Aslam , Muhammad Afzaal Zia

References • Manual of Civil Servants Laws in Pakistan • Administrative Law By Qurban Sadiq Ikram • Esta Code • PLD 1967 Lahore • Civil Servants Act 1973

Upload By Malik Muhammad Sabir Rays Computer College

9