Section 35 in The Rajasthan Women and Child Development (State and Subordinate) Service Rules, 1998
35. Confirmation in certain cases.
(1)Notwithstanding anything to the contrary contained in the preceding rule a person appointed to a post in the Service temporarily or on officiating basis who, after regular recruitment by any one of the method of recruitment prescribed under these Rules, has not been confirmed, within a period of six months after satisfactory completion of the period of probation as prescribed above, shall be entitled to be treated as confirmed in accordance with his seniority, if:-(i)he has worked on the post or higher post under the same Appointing Authority or would have so worked but for his deputation or training;(ii)he fulfils condition as prescribed under rule relating to confirmation subject to the quota prescribed under these Rules; and(iii)permanent vacancy is available in the Department.(2)If an employee referred to in sub-rule (1) above fails to fulfil the conditions mentioned in the said sub-rule (1), the period mentioned in sub-rule (1) above, may be extended as prescribed for a probationer or under the Rajasthan Civil Services (Departmental Examination) Rules, 1959 and any other rules or by one year, whichever is longer. If the employee still fails to fulfil the conditions mentioned in sub-rule (1) above, he will be liable to be discharged or terminated from such post in the same manner as a probationer or reverted to his substantive or lower post, if any to which he may be entitled.(3)The employee referred to in sub-rule (1) above shall not be debarred from confirmation after the said period of service if no reasons to the contrary about the satisfactory performance of his work are communicated to him within the said period of service.(4)The reasons for not confirming of any employee referred to in sub-rule (1) above shall be recorded by the Appointing Authority in his Service Book and Annual Performance Appraisal Report.Explanation. - (i) Regular recruitment for the purpose of this rule shall mean:-(a)appointment by either method of recruitment or on initial constitution of service in accordance with the rules made under the proviso to Article 309 of the Constitution of India;(b)appointment to the posts for which no Service Rules exists, if the posts are within the purview of the Commission, recruitment in consultation with them;(c)persons who have been made eligible for substantive appointment to a post under the rules shall be treated as having been regularly recruited;Provided that it shall not included urgent temporary appointment or officiating promotion which is subject to review and revision.(ii)Persons who hold lien on another cadre shall be eligible to be confirmed under this rule and they will be eligible to exercise and option whether they do not elect to be confirmed on expiry of two years of their temporary appointments under this rule. In the absence of any option to the contrary they shall be deemed to have exercised option in favour of confirmation under this rule and their lien on the previous post shall cease.
