Section 27: Period of Probation

*27. Period of Probation:- (1) A person entering the service by Direct Recruitment against a clear vacancy shall be placed as Probationer- trainee for a period of 2 years. Provided that any period after such appointment during which a person has been on deputation on corresponding or higher post shall count towards the period of probation. (2) During the period of probation specified in sub-rule (1), each probationer trainee may be required to pass such Departmental Examination and to undergo such training as the Government may, from time to time, specify. β(3) Deleted. €27A. Pay during probation:- A probationer trainee appointed to the service by direct recruitment, shall be paid monthly fix remuneration during the period of probation at such rates as may be fix by the Government from time to time: * Substituted for @ “27. Period of probation:- x"(1)All persons appointed to the Service by direct recruitment against a substantive vacancy shall be placed on probation for a period of two years and those appointed to the Service by promotion/ Special selection against a substantive vacancy shall be placed on probation for a period of one year." Provided that- (i) Such of them as have, previous to their appointment by promotion +(/special selection) or by direct recruitment against a substantive vacancy, officiated temporarily on the post which is followed by regular selection may be permitted by the Appointing Authority to count such officiating or temporary service towards the period of probation. This shall, however, not amount to involve supersession of any senior person or disturb the order of their preference in respective quota or reservation in recruitment; (ii) any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation. (2) During the period of probation specified in sub-rule (1), each probationer may be required to pass such Departmental Examination and to undergo such training as the Government may, from time to time, specify. Explanation:- In case of a person who dies or is due to retire on attaining the age of superannuation, the period of probation shall be reduced so as to end one day earlier on the date immediately preceding the date of his death or retirement from Government Service. The condition of passing the Departmental Examination in the rule regarding confirmation shall be deemed to have been waived in case of death or retirement.” vide Notification No. F. 7(2)DOP/A-II/2005, dated 20.01.2006. x Substituted for “(1) Every person appointed against a substantive vacancy in the Service by direct recruitment shall be placed on probation for a period of two years & those appointed by promotion +(/special selection) to any post against such a vacancy shall be on probation for a period of one year.” vide Notification No. F. 1(35) DOP/A-II/74, dated 09.04.1979. + Inserted vide Notification No. F. 1(35)Karmik/Ka-II/74, dated 03.08.1977. @ Re-renumbered “Rule 28” as “Rule 27” and Substituted for “27. Probation:- (1) ) A person appointed to the Service by direct recruitment against a substantive vacancy shall be placed on probation for a period of two years and those appointed by promotion against such a vacancy shall be on probation for a period of one year. Provided that such of them as have, previous to their appointment by promotion officiated temporarily on a post encadred in the Service, may be permitted by the Appointing Authority to count such officiating/ temporary service towards the period of probation up to a maximum of six months. Provided further that any period, after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation. (2) During the period of probation specified in sub-rule (1) above, each probationer may be required to pass such departmental examination and to undergo such training as the Government may, from time to time, specify. Explanation:- In case of a person who dies or is due to retire on attaining the age of superannuation, the period of probation shall be reduced so as to end 1 “one day earlier” on the date immediately preceding the date of his death or retirement from Government Service. 1(The condition of passing the Departmental Examination in the rule regarding confirmation shall be deemed to have been waived in the case of death or retirement.)” vide Notification No. F. 1(35)karmik/A-II/74, dated 04.05.1977. Inserted vide Notification No. F. 1(14)DOP/A-II/70, dated 04.09.1974. 1 Inserted vide Notification No. F. 1(14)Apptts/A-II/70, dated 18.03.1975. β Deleted "(3) The period spent as probationer trainee shall not be counted for experience and eligibility for promotion.” vide Notification No. F. 7(2)DOP/A-II/2005, dated 26.04.2011. Added vide Notification No. F. 7(2)DOP/A-II/2005, dated 13.06.2008. € Added vide Notification No. F. 7(2)DOP/A-II/2005, dated 13.06.2008. (w.e.f. 20.01.2006) Provided that an employee having been regularly selected as per provisions of recruitment rules in the Government service may be allowed emoluments in his/her on pay scale in the existing pay scale of the post during service as probationer trainee or fixed remuneration of the new post, whichever is advantageous to him/her. θ “27B”. £Confirmation in certain cases:- @ “(1) Notwithstanding anything to the contrary contained in the preceding rule, a person 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; θ Renumbered “27A” as “27B” vide Notification No. F. 7(2)DOP/A-II/2005, dated 13.06.2008. (w.e.f. 20.01.2006) @ Substituted for “(1) Notwithstanding anything to the contrary contained in the preceding rule, a person appointed to a post in the service temporarily 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 or within a period of one years' service in case he 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 rule 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. £ Substituted for Substituted for "Confirmation in certain cases:- 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 other conditions of confirmation laid down in the rules." vide Notification No. F. 7(7)DOP/A-II/74, dated 28.12.1974. (ii) he/she fulfills conditions as are prescribed under rule relating to confirmation subject to the quota prescribed under these rules; and (iii) he has been appointed against a substantive vacancy. (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 reasons 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 exist, 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 favor of confirmation under this rule and their lien on the previous post shall cease.