I was selected as an inspector (examiner) by ssc and joined the service on 11.03.2013. For confirmation in the service i was supposed to clear departmental exam comprising 7 papers out of which 7 th paper is oral i.e interview. I passed 6 written papers during probation period but could not pass 7 th paper(interview). Due to this my probation period was extended for one year but i failed to pass interview in extended period too. Then i applied to cbec on 03.10.2016 for grant additional chance that is available for me as per extant law that they kept pending till now i.e 12.06.2017. Then i came to know to that under no circumstance, a probationer can be on probation for more than 4 years that ended in my case on 11.03.2017. I have not got any notice of inefficiecy till now, on the contrary my apar are excellent for four years of my probation and i am also awarded by department for my good work during probation. Now considering above i want to know can department terminate me without giving me available chances to clear department exam? If yes, then what can i do legally to stop this as department has denied me available chances?
Please send me relevant case laws in my favour
department can terminate your services as probationer cannot be on probation for more than 4 years
2) in your case your 4 year probation period has expired and hence you cannot continue in govt service
3) you failed to clear interview for 2 years in succession
4) if you were denied the third chance as per norms file application before CAT to direct govt to grant you one opportunity to clear the exams
EXTENSION OF PROBATION PERIOD
15. If during the period of probation, a probationer has not undergone
the requisite training course or passed the requisite departmental examinations
prescribed (proficiency in Hindi, etc.), if any, the period of probation may be
extended by such period or periods as may be necessary, subject to the condition
that the total period of probation does not exceed double the prescribed period of
probation.
16. The Appointing Authority may, if it so thinks fit, extend the period of
probation of a Government servant by a specified period but the total period of
probation does not exceed double the normal period. In such cases, periodic
reviews should be done and extension should not be done for a long period at one
time.
17. Where a probationer who has completed the period of probation to
the satisfaction of the Central Government is required to be confirmed, he shall be
confirmed in the Service/ Post at the end of his period of probation, having been
completed satisfactorily.
There are many issues which needs to be understood and then proper resolution can be advised.
The probation can be extended but under certain situations only.
Since you appear to be from kolkata if you come along all the relevant papers I may help you further.Contact [deleted] before coming.
Now considering above i want to know can department terminate me without giving me available chances to clear department exam?
If yes, then what can i do legally to stop this as department has denied me available chances?
The department can initiate legal action terminate your services if they decide to go by law in this regard.
However you can try your luck by filling a writ and an interlocutory application seeking stay of the dismissal order till the disposal of your original petition.
