Section 35: Confirmation in certain cases

35. 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; (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.” * 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-I1/2005 dated 26.04.2011. (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 anyone of the methods of recruitment prescribed under these rules, has not been confirmed within a period of 6 months after satisfactory completion of a period of two years‟ service in case he is appointed by direct recruitment shall be entitled to be treated as confirmed in accordance with his 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 deputation or training; (ii) he/she 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 order F. 7(1)/DOP/A-II/2020 dated 04.02.2022 w.e.f. 20.01.2006. (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 the sub-rule (1) above, may be extended as prescribed for a probation or under the Rajasthan Civil Services (Departmental Examination) Rules, 1959 and any other rules or by one year whichever is longer. If the employee still fails to fulfill the condition 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 means - (a) appointment by either method of recruitment in accordance with the rules made under the proviso to Article 309 of the Constitution of India; (b) persons who have been made eligible for substantive appointment to a post under these 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.