Section 20A in The Rajasthan Class IV Services (Recruitment and Other Service Conditions) Rules, 1963
20A.
(a)Notwithstanding anything contained in rule 21, if no order of confirmation is issued by the Appointing Authority within a period of six months, an employee appointed on temporary or officiating basis who has, after the date of his regular recruitment by either method of recruitment completed a period of two years service, or less in the case of those appointed by promotion where the period of probation prescribed is less, on the post or a higher post under the same Appointing Authority or would have so worked but for his deputation or training, shall on the occurrence of permanent vacancies be entitled to be treated as confirmed if the same conditions as are prescribed under the Rules for the confirmation of a probationer are fulfilled subject to the quota prescribed under the Rules and in accordance with his seniority:Provided that if the employee has failed to give satisfaction or has not fulfilled any of the conditions prescribed for confirmation, such as passing of Departmental Examination, training or promotion cadre course etc., the aforesaid period may be extended as prescribed for probation 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 fulfill the prescribed conditions or fails to give satisfaction, he will be liable to be discharged 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:Provided further that no person shall 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.(b)The reasons for not confirming an employee referred to in the second proviso to clause (a) shall, in the case of a non-gazetted employee, be also immediately recorded by the Appointing Authority in his Service Book and Confidential Report File and in the case of Gazetted Officer communicated to the Accountant General, Rajasthan and in his Confidential Report File. A written acknowledgment shall be kept on record in all these cases.Explanation.- (i) Regular recruitment for the purpose of this rule shall mean appointment after either of the methods of recruitment or on initial constitution of Service in accordance with any of the Service Rules promulgated under proviso to Article 309 of the Constitution of India or from posts for which no service rules exists, if the posts are within the purview of Rajasthan Public Service Commission recruitment in consultation with them but it shall not include an urgent temporary appointment/ad hoc appointments or officiating promotion against temporary or lien vacancies which are liable to review and revision from year to year. In case where the Service Rules specifically permit appointment by transfer such appointment shall be treated regular recruitment. Persons who have been made eligible for substantive appointment to post under the rule shall be treated as having been regularly recruited.(ii)Persons who hold lien in another cadre shall be eligible to be confirmed under this rule and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment 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.
