Prepared By Zubair Aslam , Muhammad Afzaal Zia 1

Contents
• INTRODUCTION

• PRINCIPLES ABOUT APPOINTMENT ON PROBATION

• PROBATION RULES.

• NATURE OF PROBATION

• PROBATIONER:

• TERMINATION OF SERVICE DURING PROBATION

• CASE LAW’S

• DISCHARGE HOW TO BE MADE

• DISPENSATION OF SERVICE DURING PROBATION

• CONFIRMATION

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PROBATION
Introduction

1: An initial appointment to a service or post

referred to in section 5, not being an ad hoc
appointment shall, be on probations may be prescribed.
2: Appointment of a civil servant by promotion or
transfer to a service or post may also be made on
probation as may be prescribed.

3: where, in respect of any service or post, the

satisfactory completion of probation includes the
passing of a prescribed examination, test or course or
successful completion of any training, a person,
appointed on probation to such service or post who,
before the expiry of the original or extended period of
his probation, has failed to pass such examination or
test or to successfully complete course or the training
shall, except as may be prescribed otherwise,

( a) If he was appointed to such service or post by

initial recruitment be discharged: or

(b) If he was appointed to such service or post by

promotion or transfer, be reverted to the service or post
from which he was promoted or transferred and against
which he holds a lien or, if there be no such service or
post, be discharged.

4: Provided that, in the case of initial appointment to

a service or post, a civil servant shall not be deemed to

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have completed his period of probation satisfactorily

until his character and antecedents have been verified as
satisfactory in the opinion of the appointing authority.
Completion of probation period automatic
confirmation. On satisfactory completion of probation a
civil servant case only claim to have become eligible
for confirmation and nothing more-There is no concept
of automatic confirmation and that it is in the discretion
of the employer exercisable on the availability of
permanent post.

Principles about appointment on probation:

In the case of appointment to a permanent post in a

Govt. service on probation or on an officiating basis,
the servant so appointed does not acquire any
substantive right to the post, and consequently cannot
claim if his service is terminated at any time.

Where a Person is appointed to a permanent post in a

Govt. service on probation, the termination of his
service during the period of probation will not
ordinarily and by itself be a punishment. Such a
termination does not operate as a forfeiture of any right
of the servant to hold the post, for he has no such right.
Probation Rules.

1: The main provisions of the probation rules are as

follows:
A person appointed to a post by initial recruitment is to
be on probation for two years, and a person appointed
otherwise, if the appointing authority so directs, will be
on probation for a period of one year.

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2 Service on deputation to an equivalent or higher

post is to count towards the period of probation.

3 The appointing authority may, for reasons to be

recorded in writing, curtail the period of probation or
extend the period of probation by a period not
exceeding one year at a time.

4 During or on the expiry of the extended period of

probation it may pass such orders as deemed necessary.

5 If no orders are passed by the day following the

completion of the initial probationary period, the period
of probation is to be deemed to have been extended for
one year.

6 During the extended period of probation the

appointment is to deemed to be continued till further
orders.

7 Subject to the provisions of sub-rule (2) if no orders

have been made by the day on which the maximum
period of probation expires, the probationer shall be
deemed to have been confirmed in his appointment
from the date on which the period of probation was last
extended or may be deemed to have been so extended.

• Provided that in case of grant of

extraordinary leave during the period of
probation of two years, the name of the
person will be removed from the seniority
list and placed on a static list with no claim
to promotion, seniority or confirmation for
the period he remained on EOL.

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Nature of Probation

The position of a person who has been taken on

probation is that he is in service but his service is
subject to the condition that he will attain a sure footing
only if during the period that he is on probation he
shoos that he is a fit person to be retained in service.
NO one can doubt that if a person who is on probation
is subject to all checks to which a permanent servant is
subject. He cannot, for example refuse to obey orders,
keep his own hours of duty, or indulge in any
malpractice.(1961PLD Lah808)

Probationer:
Probationer is an employee who remains on trial
until within the specified period his employer consider
him fit to be kept on his job(1983 PLD – Lah.531)

A probationer is a person who is taken in service

subject to the condition that it will attain a sure footing
only if during the period that he is on probation he
shows that he is a fit person to be retained in service. A
person who is on probation is subject to all checks to
which a permanent servant is subject. He cannot, for
example, refuse to obey orders, keep his own hours of
duty, or indulge in any malpractice.(1974PLD-S.C393)

Termination of service during probation:

In the case of Municipal committee Pattoki V

Muhammad Anwar, the probationer was removed on
account of misconduct by i9nvoking notice clause of
appointment order, without following the procedure

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prescribed by rules: Held, that adopting the easier

mode of putting an end to disciplinary action for
misconduct has been issued was an outrage on rules,
and where rules were applicable their observance was a
must.(1984PLC (C.S)1589)

Probationer-Termination of: before termination

notice issued to show cause as to why services should
not be terminated on account of inefficiency only,
authority having no intention to remove on account of
misconduct. In the copy of the order all that mentioned
was that the work as well as the conduct of the
petitioner was unsatisfactory, held such language could
hardly be construed as tantamounting to
misconduct.(1980SCMR 876)

Service of probationer terminated on ground of

unsatisfactory work and not on account of misconduct.
Termination does not amount to dismissal or removal
from service. Not amendable to constitutional
protection.(1982SCMR760)

CASE LAW’S

Following are the cases where the services were

terminated during probation.

1: In the case of Mohammad siddique Javaid

Chaudhary V Govt. of west Pakistan.(1974PLD
S.C393)
The services of the probationer are terminated on
the ground of unsatisfactory work, such termination is
not dismissal or removal from service, but is within the
domain of contract or rules made by Govt. where the

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services are terminated on ground of misconduct such

course amounts to removal or dismissal, and a show
cause notice is necessary;

2: In the case of Pakistan (Punjab Province) V Riaz

Ali Khan the service of the probationer was terminated
on ground of unsatisfactory work and not on account of
misconduct. It was held that such termination did not
amount to dismissal or removal from service in
circumstances and hence was not amenable to
protection of constitutional provisions.(1982SCMR770)
Discharge how to be made.

Where a probationer’s services are terminated in

accordance with conditions of contract, show-cause
notice is not necessary.(1967PLD Lah1005)

Where the termination of service does not appear

to be by way of punishment but is simply based on
contractual rights under the terms on which the
appointment was made the employee is not entitled to
an opportunity to show cause against the action
proposed to be taken against him. The notice for the
action may be to weed out the employee and discharge
him from service on account of his being an unwilling,
undesirable and unsuitable worker but so long as that is
not shown as the ground on which he is discharged the
failure to give him an opportunity under Art. 311(2)
does not invalidate that order of discharge.(1959AIR
Pat192)

Dispensation of service during probation;

That is within the discretion of the competent

authority. No notice, etc, required. Reversion to lower

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pay scale of direct recruit probationer is not, however,

possible without show-cause notice and adequate
opportunity. Dispensation of service during probation
is not only a term and condition of service but carries
no stigma. Reduction to lower pay scale amounts to
penal action carrying stigma. Reversion order passed
arbitrarily of probationer, in circumstances, was set
aside with full arrears of pay.(1977PLC(CST)49,PLJ
1977 Tr.C(Services)140)

Confirmation

Confirmation of probationers lies in the discretion

of employer. Confirmation of new incumbent can only
be made when a permanent post exists. Officer remains
a “probationer” until he fulfils conditions prescribed for
confirmation. Probationer has no right to be confirmed
from date of his original appointment.(1968PLD S.C37)

In the case of probationer it is not necessary that

there should be any direct or indirect rescission of the
contract, because satisfaction of the employer after
trying the employee is condition precedent to the final
admittance of an employee into service.(1958PLD
S.C(Pak258)

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References

• Manual of Civil Servants Laws in Pakistan

• Administrative Law By Qurban Sadiq Ikram

• Esta Code

• PLD 1967 Lahore

• Civil Servants Act 1973

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