Legal Question in Administrative Law in India

10.09.2013

Dear Kuldeep,

Any establishment, be it Government or private can keep an employee on probation for a maximum period of six months. If the employee is a fresh Industrial / Management trainee just having passed out from college with a degree / diploma, the probation period can be maximum one year.

1. During probation, some Government companies pay a consolidated lumpsum salary. On confirmation, the employee is fitted into the regular pay scale of the Company. Regular pay scale means the starting salary - increment slab - ending salary for each grade / position in the organization.

2. Regular service generally infers that the employee is in confirmed service of the Company.

While pay scale is in relation to the salary quantum, regular service is in relation to the timing between completion of probation and confirmation.

3. As explained above, the concerned Government Department cannot keep you on probation for two years, because your services are deemed to be confirmed no sooner you complete six months probation period if you are experienced and one year if you are a trainee. Hence, if the Company has not terminated your service on completion of the probation period, you are deemed to be a confirmed employee in regular service.

Regards,