Confirmation on transfer of service

[Vishwa Ranjan]

A confirmed central govt. employee, governed by old pension scheme 1972 ,on joining another deptt.got his pension liability transferred from his previous department & an office order for counting of past services has also been issued by the present department.Will he be treated as a permanent employee in new deptt. in terms of DoPT OM no.18011/3/88-Estt.(D) Dated 24th September 1992.
No mode of appointment was mentioned in the advertisement for the post.Two conditions in offer of appointment were (i) to join on transfer of service basis after getting liabilities transferred for the purpose of pension (ii) Will be on probation for two years.
Will the second condition of probation become redundant as pension liabilities were got transferred with in about six months from joining.

[Dr. Ashok Dhamija]

Your facts are incomplete and vague. How can one give you accurate and correct opinion without actually seeing the relevant documents, on the basis of incomplete information?

While on the one hand, you say that it was a transfer from one department to another, on the other hand, you have also mentioned that “No mode of appointment was mentioned in the advertisement for the post”. Thus, it appears that the employee has joined in a new post on the basis of an advertisement, which also mentioned about a fresh 2 years’ probation period. Probation itself implies “subject to satisfactory completion of probation period”, which may imply that it may not be a confirmed job. But, then one has to see the full details to do justice to your case.

So, in view of these complicated issues involved, it would be advisable for you to show your detailed documents to some expert (along with relevant rules/orders) and obtain his opinion, instead of asking opinion of someone who has not seen the papers.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts