Full Pay During Probation : Rajasthan High Court

The Rajasthan High Court held that a employee will be entitled for full pay during probation period also.

The employee will be The Rajasthan high court has quashed the amendment to the Rajasthan Service Rules, 1951 and the notification of March 13, 2006 amending the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 - fixed remuneration to probationer trainees as unconstitutional. The division bench of chief justice Sunil Ambwani and VS Siradhana judgment came on a petition, which challenged the notification directing the state government to pay to all its employees, appointed on regular or ad hoc basis under the statutory rules on substantive posts, except the employees appointed on contract, daily rated or work charged employees, regular pay in time scale along with all allowances including special pay, dearness pay, dearness allowance, house rent allowance, city compensatory allowance, non-practicing allowance, non-clinical allowance, rural allowance, project allowance, mess allowance, washing allowance or any other allowance, as are admissible to a confirmed employee in the same department.  The payment of these allowances will not be depend on the period of probation or successful completion of the period of probation. The probationer trainees will also be entitled to deductions towards general provident fund (GPF), state insurance and travelling allowance, as are admissible and payable to the regular employees. They shall also be entitled to annual grade increments for the period of probation, after confirmation and casual leave, as in the case of other regular employees. The petitioner is made entitled to the cost of Rs10,000 for pursuing the petition.  Notification dated March 13, 2006, notifying the Rajasthan Service (Amendment) Rules, 2006, to come into force with effect from January 20, 2006 by which it is provided that all the government servants appointed on or after January 20, 2006, on probation, as probationer-trainee, for a period of two years, will be paid fixed remuneration at such rates as may be prescribed by the government from time to time and further that after successful completion of probation training, he/ she will be allowed minimum pay in the pay scale of the post, and that the period of probation training shall not be counted for grant of annual grade increments. The amendment of the rules also took away the benefit of leave during the period of probation, except for female probationer-trainees, who are provided to be granted maternity leave as per rules 103 and 104 of the Rajasthan Service Rules, 1951.