Jammu: The Jammu and Kashmir administration on Wednesday announced new rules for appointments to various posts in the union territory and reduced the probation period to two years from five years, according to a notification.
The new rules would be called as Jammu and Kashmir Probationer (Condition of Service, Pay and Allowances) and Fixation of Tenure Rules, 2020, it said.
Under these rules, after completion of probation, every appointee would be entitled to fixation of pay in the pay level applicable to the post against which the person is appointed, the notification said.
“The appointee under these rules shall be entitled to annual increment, dearness allowance, house rent allowance and city compensatory allowance or any other allowance sanctioned by the government after successful completion of the probation period,” it said.
The notification said the new candidates shall be entitled to benefits under the Medical Attendance Rules and Leave Rules from the date of appointment.
It further said there would be fixed tenure of five years after the initial appointment of the candidate.
The other conditions of service shall be governed by the recruitment rules of the service to which the post to which the person has been appointed belongs, the notification said.
The administration may exempt any class and category of post or service from the provisions of this notification, it said.
It added that these rules shall come into force from the date of notification.
The notification further read that no person shall be eligible for confirmation as a member of a service or class till he has been on probation in such service or class continuously or in aggregate for a period of two years:
“Provided that nothing shall debar the Government from extending the period of probation of a probationer who has failed to acquire the prescribed qualification or to pass the prescribed test provided that the period shall extend in no case for more than two years,” it read.
“Provided further that the Government may extend the period of probation of a probationer for another two years under these rules, if the probationer fails to meet the requirements or standards of the job.”
During the period of probation, it said, the appointee under these rules shall be entitled to the minimum of pay level applicable to the post against which he is appointed.
“Every appointee under these rules shall, after completion of probation, be entitled to fixation of pay in the pay level applicable to the post against which he is appointed.”
On Suspension/Discharge during probation, the notification said that at any time before the expiry of the period of probation, the appointing authority may suspend the probation of a probationer and discharge him from the service for want of vacancy; and at his discretion, terminate the probation of a probationer and discharge him from service.
It added: “If within the prescribed period of probation, the probationer fails to acquire the prescribed qualifications or to pass the test, if any prescribed, or to acquire such other qualifications as may be considered by the Government to be equivalent to said special qualification or special posts, the appointing authority shall forthwith by order, discharge him from service. “
“The appointee under these rules shall have to necessarily work for a period of five years on the post against which he has been initially appointed and such appointee shall not be eligible for transfer for whatsoever reason during the period of five years: Provided that any person appointed against any available vacancy on the basis of being a Resident of Backward Area, adjoining Line of Actual Control or International Border shall serve in such areas for a period of not less than seven years. “
The authority competent, it said, to entertain an appeal under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 may revise any order discharging a probationer under any of the provision referred to in these rules, on an appeal filed within ninety days of the date of receipt of such order by the probationer concerned.
“When an order discharging a probationer is set aside on revision under sub-rule (1) of this rule and the probationer is restored to the service, the period on and from the date of discharge to the date of such restoration may be treated as duty by the appointing authority except for purposes of probation. The period of probation undergone by such probationer at the time of his discharge shall, however, count towards the period of probation prescribed by the rule applicable to him.”
Meanwhile, meeting the long pending demand of its employees recruited under the Jammu & Kashmir Special Recruitment Rules, 2015, (SRO 202), the government today amended it by issuing Jammu & Kashmir Special Recruitment (Amendment) Rules, 2020.
These rules have been issued by the order of the Lieutenant Governor of the Union Territory of J&K.
The rules 8, 9 and 10 of the earlier order have been amended by virtue of which the probation, fixed pay and allowances of the existing employees working under these rules has been granted only after the expiry of two years instead of five years mentioned earlier.
Moreover, the newly inserted rule 13 of the amended rules specify that employees who have had more than two years of service will also get the notional benefit up to 30.6.2020 and monetary benefit with effect from 1.7.2020. Those employees who would complete their probation after 1.7.2020 as per the amendments made by the Jammu and Kashmir Special Recruitment (Amendment) Rules, 2020, shall be entitled to monetary benefit from the date of completion of their probation period.
