The relevant guidelines in OM No. 18011/3/88-Estt(D) dated 24.09.1992 in this regard have been reiterated in the OM No. 28020/1/2010-Estt(C) dated 21st July, 2014, of the Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training). It has been stated that if a Government servant is appointed to another post by direct recruitment either in the same department or a different department, it may be necessary to consider him for confirmation in the new post in which he has been appointed by direct recruitment irrespective of the fact that the officer was holding the earlier post on a substantive basis. Further confirmation in the new entry grade becomes necessary because the new post may not be in the same line or discipline as the old post in which he has been confirmed and the fact that he was considered suitable for continuance in the old post (which was the basis for his confirmation in that post) would not automatically make him suitable for continuance or confirmation in the new post the job requirements of which may be quite different from those of the old post.
From the above guidelines, it appears that a discretion has been given (by use of the words “it may be necessary”) to the competent authority on the issue of confirmation in the new job on the basis of a direct appointment. Further indication is that if the job requirements are different from the old post, confirmation in the new job may be necessary. It also implies that where the new job is in the same line or discipline as the old post, confirmation in new job may not perhaps be necessary, but the discretion appears to have been given to the authority concerned. In both the cases mentioned by you, it appears that the line or discipline of the old job was the same as in the new job, then the confirmation in the new job may not be necessary, but it may be in the discretion of the competent authority.
You may make a request to the competent authority citing the above guidelines for taking benefit of the same and if the competent authority does not give you the benefit, you may have to approach the Central Administrative Tribunal (CAT) if you want to challenge such decision.
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.
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