An employee is entitled to deemed confirmation upon the expiry of the extended probation period, and administrative delays in formal approval or DPC timings should not preclude promotion if the employee meets eligibility by the crucial date.

ORDER (ORAL)

Per Hon’ble Mr. Pankaj Kumar, Member-Administrative

In this case relating to promotion, the applicant has sought following reliefs:

“(a) Issue an order, direction and command to the respondent nos. 1 to 3 to consider the claim of the applicant for promotion from the post of JTS to STS during 2014-15 as the probation period of the applicant came to an end w.e.f. 31.12.2013 and also he passed the required departmental examination with a further direction to fix the applicant‟s pay in the promotional post i.e. on the post of STS w.e.f. 07.04.2014 by adding one increment @ 3% with Grade Pay of Rs. 6600/- in Pay Band-3 of Rs. 15600-39100/- with all consequential benefits.

(b) Issue an order, direction and command to the respondents to pay arrears for correct fixation of pay and other benefits taking into account the Grade Pay of Rs. 6600/- in Pay Band-3 of Rs. 15600-39100/- along with interest @ 12% per annum.

(c) Issue an order, direction and command to the respondents to consider and decide the representation/appeal of the applicant dated 19.08.2014 followed by reminder dated 24.03.2015 with a stipulated period of time by passing a reasoned and speaking order.

(d) Issue such other order/direction which may be deemed just and proper in the circumstances of the case.

(e) Allow the Original Application with cost against the respondents in view of the facts and circumstances, legal provisions and Grounds raised in the application.”

The factual matrix of the case is that the applicant was appointed to the post of Assistant Works Manager (Mechanical Engineering) in the Indian Ordnance Factories Service (IOFS) on probation vide order dated 08.03.2010 and he joined the post on 07.09.2010. Vide order dated 08.04.2014, respondent no. 2 promoted several persons with effect from 07.04.2014, including persons junior to the applicant to the post of Works Manager, but the applicant was excluded. In the meantime, the applicant got selected for the post of Assistant Director in the Central Water Commission and after rendering technical resignation from IOFS joined under respondent no. 4 on 19.05.2014. Aggrieved by his exclusion in the list of promoted persons vide order dated 08.04.2014, he has preferred this OA.

The applicant states that he passed in two out of 4 papers in the departmental examination in the year 2011 and that he took the departmental examination again in October, 2013 for the remaining two papers, but his result was not declared and no order for extension of probation period or confirmation in service was issued by respondent no. 2 in violation of office memorandum (OM) dated 30.08.2010 issued by the Department of Personnel & Training (DoPT).

Per contra, the respondents state that the confirmation/ completion of probation period in respect of Group ‘A’ officers in IOFS is processed through a series of different actions and activities requiring passing of departmental examination, the satisfactory training period and the report of competent authority regarding performance of the officer during the period of probation in the Unit where he is posted. It is further stated that the applicant’s period of probation was extended upto 31.12.2013 for not having passed in two out of four papers in the departmental examination based on the report received from the National Academy of Defence Production (NADP); the applicant was issued show cause notices on two occasions for not clearing the departmental examination; the applicant eventually took the departmental examination on 17th & 18th October 2013 and cleared all the four papers; however, his performance report from the Unit where he was working was pending; finally, based on the report received from NADP vide their letter dated 25.03.2014 and the report from Ordnance Factory project, Korwa vide their letter dated 11.04.2014, the probation period in respect of the applicant was completed with effect from 31.12.2013 with the approval of the competent authori