ASSESSMENT OF THE WORK AND CONDUCT OF PERFORMANCE DURING PROBATION, AND DISCHARGE OF PROBATIONERS, THERE OF.
Promotion cadre of post held by an employee is considered promotion by virtue of seniority on the post held and the placement of cadre allowed by way of seniority and qualification as well as length of service on the appointment of employee, list by way and virtue of which Extra Assistant Engineer the designated post of junior Engineer has been allowed for the benefits of promotional post being seniority on the appointment of such post which is considered cadre seniority post the said post has been considered an optional post issued after eighteen years of the regular service to junior Engineer. The next grade of junior engineer issued after 16 years of the regular service has been allowed class -11 status of the designated post Additional Assistant Engineer so issued on 4-8-2001 however the post of EAE issued to Junior Engineer on 3-10-91 list by way and virtue of which option has been regularised by the department of Personnel and Finance being final authority of the ACPS released so for the removal of deep long prevailed stagnation of the cadre /grade /post held by the appointee. As such the time to time issued instructions and guidelines of the advisory departments must have follow up action at the levels of department concerned instead of taking disciplinary action against the post held by an appointee working at higher /highest level of the placement being senior in rank and grade than others too promoted in the joint cadres, more over, the status of such post working on the optional provision of the promotional levels placement could not denied for due benefits under the provision of ACPS where in non-cadre specific posts are allowed for the second promotion of same cadre /grade even though it is very clear that interest of no one could be retrospectively operated by reason of the preference and option appeared before the Head of the office /HOD and final decision of the department of personnel and finance would be considered due grant of the ACPS being overdue for first promotion of post after eight years of the regular service in scale and grade of post and on the other hand the second promotion of a junior cadre could not be considered as a cadre specific post of the eligibility and criterion prefixed by the Recruitment and promotion Rules in this behalf. As for as penalty is concerned the department of Finance has already issued guidelines to follow classifications of the posts and allow due benefits instead of the adverse effects against the classification of posts where in EAE and AAE time to time issued to junior Engineer for benefits under ACPS and there is no reason to deny due benefits of allowed seniority being senior in rank and grade than others too working in the joint cadres however the second promotion of junior cadre could not considered as a cadre -specific post of the R&P rules qualified by the first appointment of a junior Engineer too claiming the seniority of EAE and XEN. As such the department of HPPWD is responsible to follow the instructions of the department of Finance, Personnel, law and the administrative reforms and take action in the matter related to Introduction of the post and placement after 18 years of the regular service instead of sixteen, which has been allowed for class-11 status only but debarred for the placement of promotional levels placement at higher/highest posts of the cadre /grade under quota promotion, and prefixed for the restructuring of posts by every concerned at his /her own preference for the upgradation of post also considered under law code manual with in the provision of rule -11 CCS &CC&A -1965 , where in it is explained as below:--Reversion of a Government servant appointed on probation to any other post to his permanent service grade or post, or termination of the services of a Government servant appointed on probation, during or at the end of the period of probation, in accordance with the terms of his appointment, or the rules and orders governing such probation, does not amount to a penalty with in the meanings of rule 11 of the CCS& (CC&A) Rules, 1965.(Explanation (v) and (viii) (a) below Rule 11 of the CCS &A.) Rules, 1965).Er Fateh Chand Guleria, Director, RTI Welfare Group, Registered number HPCD -3552 Bilaspur Himachal pradesh. Phone -9459334377.
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