Section 15(5) in Assam Judicial Service Rules, 2003
(5)A person shall not be considered to have satisfactorily completed the period of probation or officiation, as the case may be, unless a specific order to that effect is passed. Any delay in passing such an order shall not entitle the person to be deemed to have satisfactorily completed the period of officiation or probation.Discharge of a probationer during the period of probation.i. Notwithstanding anything here-in-above, the appointing authority may, at any time during the period of probation, discharge from services, a probationer on account of his unsuitability for the service.ii. An order under sub-rule (1) shall indicate the grounds for the discharge but no disciplinary enquiry shall be necessary.Appeal.No appeal shall lie against an order discharging a probationer or an order reverting a promotee to the post held by him prior to his promotion.Confirmation.A probationer who has been declared to have satisfactorily completed his period of officiation shall be confirmed as a full member of the service in the category of post to which he was appointed or promoted, as the case may be, at the earliest opportunity in any substantive vacancy, which may exist or arise.Increment during the period of probation or officiation(a)A probationer or promotee may draw the increments that fall due during the period of probation or officiation. He shall not however, draw any increment after the expiry of the period of probation or officiation unless and until he is declared to have satisfactorily completed his probation or officiation, as the case may be.(b)When a probationer or promotee is declared to have satisfactorily completed his probation or officiation, as the case may be, he shall draw, as from the date such order takes effect, the pay he would have drawn had he been allowed the increments for the whole of his service from the date of his appointment on probation or officiation as the case may be.Notwithstanding anything contained in sub-rules (1) and (2) where validity of the appointment of any person-(a)as probationer is questioned in any legal proceedings before a Court of law, the period of probation of such person shall continue until the final disposal of such proceedings.(b)as a promotee on officiating basis is questioned in any legal proceeding, before a Court of law, the period of officiation of such promotee shall continue until the final disposal of such proceedings.
