* “(1) Notwithstanding anything to the contrary contained in the preceding rule, a person on appointed to a post in the service by direct recruitment as a probationer trainee under these rules has not been confirmed within six months after satisfactory completion of probation for a period of two years shall be entitled to be treated as confirmed in accordance with his/her seniority if,-
(i) he/she has worked on the post or higher post under the same Appointing Authority or would have so worked but for his/her deputation or training ;
(ii) he/she fulfills conditions as arc prescribed under rule relating to confirmation subject to the quota prescribed under these rules; and
(iii) he has been appointed against a substantive vacancy.” * Substituted for “ (1) Notwithstanding anything to the contrary contained in the preceding rule a person appointed to a post in the Service temporally or on officiating basis who, after regular recruitment by any one of the methods of recruitment prescribed under these rules, has not been confirmed, within a period of six months on completion of a period of two years‟ service in case he is appointed by direct recruitment of within a period of one years' service in case be is appointed by promotion, shall be entitled to be treated as confirmed in accordance with his seniority, if:-
(i) He has worked on the post or higher post under the same Appointing Authority or would have so worked but for his deputation or training;
(ii) He fulfills conditions as are prescribed under rules relating to confirmation subject to the quota prescribed under these rules; and
(iii) Permanent vacancy is available in the department vide Notification No. F. 7(1)DOP/A-II/2020.
Dated: 04.02.2022. w.e.f. 20.01.2006 Ω Substituted for £ “28. (a) Notwithstanding anything contained in the rule if no order of confirmation is issued by the Appointing Authority within a period of six months, an employee appointed on temporary or officiating basis who has, after the date of his regular recruitment by either method of recruitment completed a period of two years' service, or less in the case of those appointed by promotion where the period of probation prescribed is less in the poster a higher post under the same Appointing Authority or would have so worked hut for his deputation or training shall on the recurrence of permanent vacancies be entitled to be treated as confirmed if the same conditions as are prescribed under the Rules for the confirmation of a probationer are fulfilled subject to the quota prescribed under the Rules and in accordance with his seniority
Provided that if the employee has failed to give satisfaction or has not fulfilled any of the conditions prescribed for confirmation, such as passing of Departmental Examination, training or promotion cadre course etc., the aforesaid period may be Departmental Examination Rules, 1959 and any other Rules, or by one year, whichever extended as prescribed for probation or under the Rajasthan Civil Services is longer. If the employee still fails to fulfill the prescribed conditions or fails to give satisfaction, he will be liable to be discharged from such post in the same manner as a probationer or reverted to his substantive or lower post, if any, to which he may be entitled.
Provided further that no person shall be debarred from confirmation after the said period of service if no reasons to the contrary about the satisfactory performance of his work are communicated to him within the said period.
(b) The reasons for not confirming an employee referred to in the second proviso to clause (a) shall in the case of a non-gazetted employee, be also immediately, recorded by the Appointing Authority in his Service Book and C. R. file and in the case of Gazetted Officer communicated to the Accountant General, Rajasthan and in his confidential Report File. A written acknowledgement shall be kept on record in all these cases.
Explanation:- (i) Regular recruitment for the purpose of this rule shall mean appointment after either of the methods of recruitment or on initial Constitution of Service in accordance with any of the Service Rules promulgated under proviso to Article 309 of the Constitution of India or for posts for which no Service Rules exists, if the posts are within the purview of Rajasthan Public Service Commission recruitment in consultation with them but it shall not include an urgent temporary appointment, ad-hoc appointment or officiating promotion against temporary or lien vacancies which are liable to review/revision from year to year. In case where the Service Rules specifically permit appointment by transfer, such appointment shall be treated regular recruitment if the appointment to the post from which the official was transferred was after regular recruitment.
Persons who have been made eligible for substantive appointment to a post under the rules shall be treated as having been regularly recruited.
(ii) Persons who hold lien in another cadre shall be eligible to be confirmed under this rule and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment under this rule. In the absence of any option to the contrary, they shall be deemed to have exercise option in favour of confirmation under this rule and their lien on the previous post shall cease,” vide Notification No. F. 2(4)DOP/A-11/79 dated 22.11.1984.
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(2) If an employee referred to in sub-rule (1) above fails to fulfill the conditions mentioned in the said sub-rule, the period mentioned in sub-rule (1) above, may be extended as prescribed for a probation or under the Rajasthan Civil Services (Departmental Examinations) Rules, 1959 and any other rules or by one year, whichever is longer. If the employee still fails to fulfill the conditions mentioned in sub-rule (1) above, he will be liable to be discharged or terminated from such post in the same manner as a probationer or reverted to his substantive or lower post, if any, to which he may be entitled.
(3) The employee referred to in sub-rule (1) above, shall not be debarred from confirmation after the said period of service if no reasons to the contrary about the satisfactory performance of his work are communicated to him within the said period of service.
(4) The reason for not confirming of any employee referred to in sub-rule (1) above shall be recorded by the Appointing Authority in his Service Book and Annual Performance Appraisal Report.
Explanation:- (i) Regular recruitment for the purpose of this rule shall mean:
(a) appointment by either method of recruitment or on initial constitution of service in accordance with the Rules made under the proviso to Article 309 of the Constitution of India;
(b) appointment to the posts for which no Service Rules exists, if the posts are within the purview of the Commission, recruitment in consultation with them;
(c) appointment by transfer after regular recruitment where the Service Rules specifically permit;
(d) persons who have been made eligible for substantive appointment to a post under the rules shall be treated as having been regularly recruited;
Provided that it shall not include urgent temporary appointment or officiating promotion which is subject to review and revision.
(ii) Persons who hold lien on another cadre shall be eligible to be confirmed under this rule and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment under this Rule. In the absence of any option to the contrary, they shall be deemed to have exercised option in favour of confirmation under this rule and their lien on the provisions post shall cease.
___________________________________________________________________________ £ Substituted for $ “Notwithstanding anything contained in the rule preceding to the specified in column 3 of the service rules specified in Col. 2, Schedule I, on a permanent vacancy available a person who has been appointed on a regular post against a temporary vacancy after a regular selection, and has thereafter put in more than 2 years' service on such post or higher post shall be deemed to have completed the period of probation and shall be confirmed provided he fulfills other conditions of confirmation as laid down in these Rules.” vide Notification No. F. 7 (7)DOP/A-II/74, dated 28.12.1974.
$ Substituted for “28. Persons regularly recruited against temporary vacancy not to be placed on probation.
Notwithstanding anything contained in rule 27, on a permanent vacancy being available, a person who has been regularly recruited against a temporary vacancy and has put in more than 2 years' service after such regular recruitment shall be deemed to have completed the period of probation but he shall be confirmed only after he has fulfilled the conditions of confirmation as laid down in the rules." vide Notification No. F. 1 (14) DOP/A- 11/70, dated 22.01.1974.
41 $