Hi! We know that in most government jobs, there is a probation period of 2 years. After successful completion of the probation period, you are enrolled as a permanent employee. My query is: suppose there is a new government department that appoints its total staff (as there are no permanent employees currently), therefore putting the entire staff on probation. If, for some reason, the department closes before 2 years, what will happen to the persons appointed who have not completed their probation period? Will they be suspended? Can they claim permanency? What will be their future?
Details of the Appointing Authority are as follows:
Post: Asst. Professor
Department of Architecture & Town Planning,
Faculty of Engineering & Architecture,
Jai Narain Vyas University, Jodhpur (Rajasthan)
Kindly send your legal advice.
Thanks & Regards,
Manoj
From India, Delhi
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Details of the Appointing Authority are as follows:
Post: Asst. Professor
Department of Architecture & Town Planning,
Faculty of Engineering & Architecture,
Jai Narain Vyas University, Jodhpur (Rajasthan)
Kindly send your legal advice.
Thanks & Regards,
Manoj
From India, Delhi
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Hi,
It depends upon the terms and conditions of the appointment. It is better to first go through your offer letter to check if there are any specific clauses regarding such consequences. Since your query is regarding a government entity, this may happen. I hope my point is clear to you, but if you want further knowledge, please refer to the employment rules.
Thank you and regards,
Sushil
From India, Pune
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1It depends upon the terms and conditions of the appointment. It is better to first go through your offer letter to check if there are any specific clauses regarding such consequences. Since your query is regarding a government entity, this may happen. I hope my point is clear to you, but if you want further knowledge, please refer to the employment rules.
Thank you and regards,
Sushil
From India, Pune
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Dear,
In this case, closure would amount to dismissal. If an en bloc termination of probationers is done, it would amount to dismissal, which you can all challenge in a court of law.
With Regards
V. Sounder Rajan
Email: rajanassociateslawfirm@yahoo.com, rajanassociates@eth.net, rajanassociateslawfrm@gmail.com
From India, Bangalore
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In this case, closure would amount to dismissal. If an en bloc termination of probationers is done, it would amount to dismissal, which you can all challenge in a court of law.
With Regards
V. Sounder Rajan
Email: rajanassociateslawfirm@yahoo.com, rajanassociates@eth.net, rajanassociateslawfrm@gmail.com
From India, Bangalore
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Dear Sir,
Thank you for your response! In your reply, you mentioned that we can challenge the action in the Court of Law. I would like to understand the strength of our case. What are the chances that the Court will rule in our favor and instruct the government to transfer us to another government department or take similar action?
I am eagerly awaiting your reply.
Thanks & Regards,
Manoj
From India, Delhi
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Thank you for your response! In your reply, you mentioned that we can challenge the action in the Court of Law. I would like to understand the strength of our case. What are the chances that the Court will rule in our favor and instruct the government to transfer us to another government department or take similar action?
I am eagerly awaiting your reply.
Thanks & Regards,
Manoj
From India, Delhi
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Legal Clarification on Severance Dues & Probation Period.PDF