Confirmation in certain cases

(1) Notwithstanding anything to the contrary contained in the preceding rule, a person on appointed to a post in the service by direct recruitment as a probationer trainee under these rules has not been confirmed within six months after satisfactory completion of probation for a period of two years shall be entitled to be treated as confirmed in accordance with his/her seniority if,- (i) he/she has worked on the post or higher post under the same Appointing Authority or would have so worked but for his/her deputation or training ; (ii) he/she fulfills conditions as arc prescribed under rule relating to confirmation subject to the quota prescribed under these rules; and (iii) he has been appointed against a substantive vacancy. (2) If an employee referred to in sub-rule (1) above fails to fulfill the conditions mentioned in the said sub-rule, the period mentioned in sub-rule (1) above, may be extended as prescribed for a probation or under the Rajasthan Civil Services (Departmental Examinations) Rules, 1959 and any other rules or by one year, whichever is longer. If the employee still fails to fulfill 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 reason 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) appointment by transfer after regular recruitment where the Service Rules specifically permit; (d) 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 include 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 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 provisions post shall cease.