Probation Rules
- Probationer.-means an officer employed on probation in or against a substantive vacancy in the cadre of a department [Rule 12(28), KSR Part-I]
- The period of probation for persons appointed by direct recruitment or recruitment by transfer through Public Service Commission shall be two years on duty within a continuous period of three years and for persons appointed in a post or category from another post or category in the same service or appointed by transfer from one service to another within the same Department or in another Department (where direct recruitment is not resorted to) shall be one year on duty within a continuous period of two years [Rule 28(a)(iii), KS&SSR Part-II]
- The period of Probation of Last Grade Servants recruitrd by direct shall beone year on duty within a continuous period of three years and for persons appointed by promotion shall be one year on duty within a continuous period of two years. [Rule 9, Last Grade Service Rule -1966]
- Increment accruing consequent on declaration of probation shall be drawn only with effect from the date of completion of probation but subsequent increment shall be drawn on the first day of the month in which they fall due. [Rule 31(GD.2), KSR Part-I]
- A probationer whose, period of probation is two years and whose increment is annual shall be entitled to draw the first increment in the time-scale of the probation post after putting in the service required to earn an increment. The second increment shall be drawn only with effect from the date from which he is declared to have completed his probation. Delay in completing probation will not however, affect his future increments and these will accrue on the normal incremental dates [37B(b)1, KSR Part-I]
- In the case of a probationer whose period of probation is one year and whose increment is annual, the first increment in the scale of pay of the probation post shall be drawn only with effect from the date on which he is declared to have completed his probation. Delay in completing probation will not, however, affect his future increments and these will accrue on the normal incremental dates.[37B(b)2, KSR Part-I]
- If any period of the service of a probationer does not count for probation, he shall complete the period of probation of one year or two year’s duty, as the case may be, by being on duty for an equal period from the date of expiry of one year or two years as the case may be after the commencement of the probation. In cases where the above period is expressed in terms of months and days, then such period shall be calculated as provided in Rule 12 (21) of Part I, Kerala Service Rules. In cases where the absence is expressed in days, the date of completion of probation shall be extended by the number of days of such absence. [37B(b) Note, KSR Part-I]
- An officer shall be entitled to draw in the probation post the pay for which he would be eligible from time to time under the provisions of Rule 28A, Rule 33 (c) or Rule 37, as the case may be [37B(c)]
- A member temporarily promoted shall not by reason only of such promotion, be regarded as a probationer in the category or grade to which he has been promoted, or be entitled to any preferential claim to future promotion [Rule 12, KS&SSR, Part-II]
- A probationer has appeared for any tests or examinations within the period of probation prescribed in connection with the acquisition of any such qualifications and the results of the tests or examinations for which he has appeared and passed are known only after the expiry of the prescribed period of probation, he shall be deemed to have satisfactorily completed his probation on the date on which he has completed the prescribed period of probation [Rule 19(b)(ii), KS&SSR Part-II]
- The probationer shall be deemed to have satisfactorily completed his probation on the day following the last date of the whole examination or test in which the probationer has acquired the special qualification or has passed the prescribed tests by passing one more subjects, if such date is earlier than the date of expiry of the extended period of probation [Rule 20(b), KS&SSR Part-II]
- Extension of probation. In the case of any probationer, the Appointing Authority may extend his probation for a maximum period of one year to enable him to acquire special qualifications or pass the prescribed tests, as the case may be, or to enable the appointing authority to decide whether the probationer is suitable for full membership or not. Extension of probation beyond one year may, however, be ordered by Government if found necessary [Rule 21, KS&SSR Part-II]
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Relinquishment of Promotion [Rule 38 Part-II KS&SSR]
- Any person may, in writing, relinquish any right or privilege to which he may be entitled under these rules or the Special Rules, if, in the opinion of the Appointing Authority, such relinquishment is not opposed to public interest; and nothing contained in these rules or the Special Rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished.[Rule 38, Part-II KS&SSR]
- The relinquishment of the right for promotion under this rule shall entail loss of seniority and a relinquishment of the right for promotion shall not be permissible unless such relinquishment entails loss of seniority. [Rule 38 Explanation]
- The right to relinquish promotion includes the right to withdraw it also.[2004 Guideline]
- A relinquishment is made of somthing which is offered or something which is in the process of being offered. When a provisional promotion is offered and relinquished, what is relinquished is only the provisional promotion offered, and it should not be interpreted to mean that all further regular promotions have been relinquished for all time to come. [2004 Guideline]
- The loss of seniority contemplated by the Explanation to Rule 38 is applicable only to reqular promotion and not to provisional promotions. [2004 Guideline]
- The loss of seniority contemplated being only in the promoted post and not in the feeder category, the person's seniority in the feeder category is not lost on relinquishment of promotion, but in the promoted post, even if the senior who relinquished promotion is subsequently given promotion, he cannot get seniority over those juniors who were promoted earlier. [2004 Guideline]
- The request for relinquishment shall not be allowed if such request for relinquishment is submitted by the employee on or after the date of order by which the person was promoted or appointed by transfer to the said post [KS&SSR Amendment 2023 (Third)]
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Promotion and Seniority
Important rules in Kerala State & Subordinate Service Rule 1958 regarding Promotion and seniority as follows.
13A(1) (a) Where a pass in a special or departmental test is prescribed by the Special Rules of a service for any category, grade or post therein or in any class thereof, a member of a service belonging to any of the Scheduled Castes or Scheduled Tribes who has not passed the said test but is otherwise qualified and suitable for appointment to such class, category, grade or post may be appointed thereto temporarily.
13A(2) If a member of a service appointed under clause (a) of sub-rule (1) does not pass a test within 3 years from the date of such appointment or when the said test also involves practical training, within three years after the first chance to undergo such training after such appointment, or if a member of service appointed under clause (b) of sub-rule (1) does not pass the test within two years from the date of introduction of the said test or if the said test also involves practical training, within two years after the first chance to undergo such training after the introduction of the said test, he shall be reverted to the class, category, grade or post from which he was appointed and shall not again be eligible for appointment under clause (a) or (b) as the case may be, of sub-rule(1)
13B Notwithstanding anything contained in these rules or in the Special Rules, persons in Government Service who attained the age of 50 years who have put in 25 years of service shall be eligible for permanent exemption from passing the obligatory departmental tests, other than those prescribed as qualification in the Special Rules for all purposes such as promotion, appointment as full member of a service etc.
28(a)(i) Except in the case of appointment to the posts of Heads of Department no member of a service or class of a service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category
28(bb) Promotion which depends upon the passing of any examination.- Promotion in a service or class which depends upon the passing of any examination (General or Departmental) shall ordinarily be made with reference to the conditions existing at the time of occurrence of the vacancies and not with reference to those at the time when the question of promotions is taken up
28(bbb) Where a pass in any examination or test confers on a person the title to any right, benefit or concession, such title to the right, benefit or concession shall be deemed to have accrued
- in the case of a person who has passed such examination or test before the 14th August, 1971, on the day following the last day of such examination or test in the subject or subjects; and
- in the case of a person who has passed such examination or test on or after 14th August 1971, on the day following the last day of the whole examination or test in which he has successfully completed the examination or test by passing one or more subjects.
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