Anonymous
I am a Group-A officer (Probationer) serving under one year probation in a state Govt. Autonomous Body (PSU) in a regular sanctioned post. As per the terms of recruitment rules and appointment letter, I need to undergo one year probation before confirmation in service, and in case of unsatisfactory performance the probation period may be increased further for another year.

On 10th month of my service, surprisingly the appointing authority vindictively has terminated my service with immediate effect on un-satisfactory performance ground (before completion of one year probation period) by paying me one month salary in lieu of one month notice period. There is clause/rule in recruitment rule that the authority may terminate the service of a probationer with one month notice without assigning any reason and without any compensation. They have not given me any Memo/ Stricture/ Advisory in past during my 10 months service.

Please advice me what is the merit of the case in legal forum? Can the appointing authority terminate with immediate effect by paying one month salary though there is no such provision in appointment rules and appointment letter?

It's urgent to get response from the concerned stake holders. Please advise. Regards to all.

From India, Kolkata
Probation shall be construed as a period during which a new recruit is inducted into the job and his performance is watched by the supervisor and he is confirmed in the service provided he is found suitable.Therefore the competent authority can terminate in terms of the rules .his services during probation if he is not found suitable for confirmation in the service if his performance is not satisfactory.However mere saying that the performance is not satisfactory is not enough. It is necessary to know as to how the competent authority came to such conclusion- whether the employee is given proper training or whether he is provided with feed back at regular intervals about is performance and given guidance to improve it etc. need to be documented.A summary discharge from service with bad motive will render the termination punitive.You can consult a lawyer to explore remedies under law. Since you are an officer, you have no remedy under labour laws.

B.Saikumar


From India, Mumbai
Thanks Mr. Saikumar for your prompt advice. In my case the appointing authority was vindictive due to some personal reasons and terminated my job without any memo/strictures/advisory except one stricture (the room arrangement is poor due to poor monitoring and supervision of new building, which shall be recorded in my performance report) before 26 days of termination. Further I was on medical leave when they issued termination letter.

The most imp. thing: In recruitment/ service regulation, sub-clause- C says, Authority may extend the period of probation for a maximum period of one year if in the opinion of the authority on the performance of the probationer has not been found up to its satisfaction.

Sub-clause-D says, the authority may dispense with the service of a probationer after giving him a month's notice and the probationer shall not be entitled to any compensation for the termination.

In my case, the authority has terminated me with immediate effect with one month salary in lieu of notice on unsatisfactory performance ground, not complying with above two clauses (they have neither increased my probation period as per sub-clause-C nor given me one month notice period as per sub-clause-D)



Please advise me in this regard. Thanks.

From India, Kolkata
Mr.Nayak
As I said earlier, though probation period is meant to test the suitability of an employee for confirmation in permanent service of the organisation, it cannot do away with the services of an employee in an arbitrary manner. ot only the decision is taken but the decision making process shall also be free from the flaws bias and unilateral. You should have been given feed back about your performance and be heard about your difficulties. Sometimes the difficulties/lapses may be organisational that may interfere with your performance.Further , you should have exercised the option of extending your probation as provided in the rules to enable you to overcome them. They have not done any thing of this sort.You can consult lawyer locally who can go through the relevant documents to explore the remedies under civil/writ jurisdiction of the courts,..You can also wait for comments of other experts, should need be.
B.Saikumar

From India, Mumbai
There is some inconsistency in the information posted. It is stated that you are Group A Officer, but in an autonomous body. This aspect need to be clarified to understand whether you are a public servant or otherwise.
The general rule as to probation in public service is that the employee's performance during the whole period needs to be assessed. Interim assessment is seldom made. There could hardly be any case laws on this aspect. Such arbitrary termination is never resorted to in public service.
Certainly, you can seek judicial review. However, the judicial forums unlikely intervene except on the ground of mala fide. As such, the first step should be obtain a copy of the assessment report and related materials under the RTI Act.

From India, Kochi
Thanks sir for above comments. I was a group-A equivalent officer in a Commission of state Govt. which is a autonomous body. I had seeked information under RTI act. They are not cooperating and denied to provide RTI info.
Plz. advise me what to do?
Regards

From India, Kolkata

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