Section 5 in The U.P. State Government Servants Confirmation Rules, 1991
5. Confirmation where not necessary.
(1)Confirmation will not be necessary if a Government servant is promoted, on a regular basis, after following the prescribed procedure to a post in the cadre where promotion is the only source of recruitment.(2)On promotion to a post referred to in sub-rule (1), the Government servant will have all the benefits that a person confirmed in that grade would have if no probation had been prescribed.(3)Where probation is prescribed the appointing authority shall, on completion of the prescribed period of probation, assess the work and conduct of the Government servant himself and in case the conclusion is that theGovernment servant is fit to hold the higher grade, he will issue an order declaring that the person concerned has successfully completed the probation. If the appointing authority considers that the work and conduct of the Government servant concerned has not been satisfactory or needs to be watched for some more time, he may revert him to the post or grade from which he was promoted, or extend the period of probation in the manner prescribed.(4)Where confirmation on a lower feeding post is prescribed as a necessary condition for eligibility for promotion to a higher post, a person confirmed on the lowest post under sub-rule (1) of Rule 4 shall be eligible for promotion to the higher post and his confirmation on the lower feeding post shall not be necessary if his work and conduct on that post has been satisfactory.Illustration(1)In the Lekhpal Service Rules direct recruitment is the only source of recruitment to the post of Lekhpal. "A" is appointed as Lekhpal through direct recruitment, "A" will have to be confirmed on the said post, under sub-rule (1) of Rule 4.(2)"B" a Government servant confirmed on the post of Tehsildar is promoted under the provisions of the [Uttar Pradesh Civil Service (Executive Branch) Rules, 1982] [For this Rules, please see page 430 of this book.] to a post in the Ordinary grade in Uttar Pradesh Civil Service (Executive Branch). "B" will have to be confirmed again, under sub-rule (1) of Rule 4, on the latter post.(3)"C" is appointed as an Assistant Engineer in the Irrigation Department through direct recruitment and "D" is promoted to the post of Assistant Engineer against promotion quota under the provisions of United Provinces Services of Engineers Class II (Irrigation Branch), Rules, 1936. Both "C" and "D" will have to be confirmed on the post of Assistant Engineer because direct recruitment is one of the sources of recruitment to the post of Assistant Engineer.(4)"E" confirmed Assistant Engineer in the Irrigation Department is promoted to the post of Executive Engineer in accordance with the executive instructions issued by the Government. It will not be necessary to confirm "E" on the post of Executive Engineer again because a promotion is the only source of recruitment to the post of Executive Engineer.(5)The post of Upper Division Assistant in Uttar Pradesh Secretariat belongs to the Ministerial service. The post of Section Officer belongs to a different service, namely, the Uttar Pradesh Secretariat Service. "F" a confirmed Upper Division Assistant will have to be confirmed, again on promotion to the post of Section Officer, under sub-rule (1) of Rule 4. On further promotion to the post of Under Secretary and other higher posts, his case will be covered by sub-rule (1) of Rule 5 and "F" will not have to be confirmed again, on the posts in higher grades.(6)Under the Uttar Pradesh Secretariat Service Rules, 1983 only a confirmed Under Secretary is eligible for promotion to the post of Deputy Secretary in the Uttar Pradesh Secretariat Service. The service rules containing the above provision will be deemed to have been amended under sub-rule (4) of rule 5 of these rules to the extent that confirmation will not be necessary for such eligibility for promotion.
