The term probation refers on trial. Probational employ is an employ who remains on trail until within specified period his employer considered him fit, to be kept on job. During probation his services remains at the pleasure of the employer and if employer just not feel satisfied with his work his services can be terminated period of probation is meant to the employer to observe the work, ability, efficiency, sincerity and competence of the employee and if he is found not suitable, the employer reserve his right to dispense with (terminate) his services during or at the end of prescribed period which is termed as period of probation. In other words probational is a workman employee or civil servant who is previously employed to fill in permanent vacancy in a post. Probation as is an employee who remains on trial and he is a person who is taken an service subject to the condition that he will attain a sure footing only if only in during the period of his probation he show and prove himself to be a fit person then only he can be retained in service.
A person who is on probation is subject to all checks to which a permanent servant or employee is subject, he cannot for e.g refuse to obey orders, keep his own hours of duty or indulge in any malpractise.
sec 6, civil servant act 1973 defines probation;
- An initial appointment to a service or post referred in section 5, not being an ad hoc appointment, shall be on probation as may be prescribed.
- Appointment of a civil servant by promotion or transfer to a service or post may also be made on probation as may be prescribed.
- Where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successfully completion of any training, a person appointed on probation to such service or post who, before the expiry of the original or extended period of his probation, has failed to pass such examination or test or to successfully complete course or the training shall, except as may be prescribed otherwise,
- If he was appointed to such service or post by initial recruitment be discharged; or
- If he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or if there be no such service or post, be discharged.
Provided that, in the case of initial appointment to a service or post, a civil servant shall not be deemed to have completed his period of probation satisfactorily until his character and antecedents have been verified as satisfactorily in the opinion of the appointing authority.
Confirmation as define under civil servant is, a person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed.
