Please note that a person who is appointed to a post on probation is entitled to leave under the rules as a temporary or a permanent Government servant depending on whether his appointment is against a temporary or a permanent post, respectively.
The relevant guidelines in this regard are laid down in OM No. 28020/1/2010-Estt(C) dated 21st July, 2014, of the DoPT (see here). As per this:
“18. A person appointed to a post on probation shall be entitled to leave under the rules as a temporary or a permanent Government servant according as his appointment is against a temporary or a permanent post. Where such person already holds a lien on a permanent post before such appointment, he shall be entitled to leave as a permanent Government servant.”
So, it depends on whether you are on probation against a temporary post or a permanent post. You’ll have to check this for your appointment.
If you are on probation against a permanent post, then as per Rule 32 of the Central Civil Services (Leave) Rules (see here), you may be entitled to get extraordinary leave, depending on conditions mentioned in the said Rules.
However, if you are on probation against a temporary post, then your entitlement to extraordinary leave may be limited (may be for 3 months) as mentioned in the said Rule 32. It depends on various conditions mentioned in the said Rule.
Under these Rules, the authority competent to grant leave has been defined as under:
“Authority competent to grant leave” means the authority specified in Column (3) of the First Schedule to these rules, competent to grant the kind of leave specified in the corresponding entries in Column (2) of the said Schedule;”.
So, check the details of the competent authority for your post in these rules.
Your probation period may be extended due to extraordinary leave. Read this circular for the relevant guidelines.
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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