Extension of the probationary period due to extra ordinary leave

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Extension of the probationary period due to extra ordinary leave

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    • #2069
      Anonymous
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      I was appointed to the government service on probation period of two years. During my probation period I took leave for about one month which was considered as an extra ordinary leave (without pay). Now the department is saying that my probationary period will be extended by the number of days for which I was on extra ordinary leave. Is it possible to extend the probationary period like this? Will it affect my career and should I challenge it before the tribunal?

    • #2088

      It all depends on the relevant rules which are applicable to you. Sometimes, the rules may specifically provide that if you take any extraordinary leave, the probation period may be extended. Some other rules may perhaps be silent.

      For example, as per the Government of India, DP&T O.M. No. 11037/15/93-AIS(III) dated 3rd Dec., 1993, it has been laid down that the period of absence from training of an IAS officer will be treated as extraordinary leave as provided for in Rule 15 of the AIS (Leave) Rules, 1955 except for the period which can be treated as maternity leave as provided for in Rule 18 of AIS (Leave) Rules, 1955 and the period of probation will be extended accordingly; this will, however, not effect the seniority of the probationers in the IAS.

      On the other hand, rules concerning some other services may be silent in this regard. But, generally speaking, the probation period is required to be completed satisfactorily, to the satisfaction of the competent authority, and the Appointing Authority may, if it so thinks fit, extend the period of probation of a Government servant by a specified period [see: GOI, DOPT, O.M. No. 28020/1/2010-Estt(C) dated the 21st July, 2014]. So, it may be the discretion of the appointing authority to extend the period of probation if the probation period has not been completed satisfactorily. One of the grounds could even be long absence on extraordinary leave during the probation period.

      Therefore, you’ll need to check the relevant rules that are applicable to your service.

           


      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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