Civil Service Regulation Act, 1956

Persons appointed on probation to established positions.

7.—Where the appropriate authority is satisfied that a civil servant, who has been appointed to an established position (in this section referred to as his probationary position) and who under his conditions of service is serving in a probationary capacity, has, at the conclusion of his probationary period or such (if any) extension thereof as the appropriate authority may from time to time fix, failed to fulfil the conditions of probation attaching to his probationary position, then, subject to section 4 (where applicable), the following provisions shall have effect—

(a) the appropriate authority shall, notwithstanding section 5, terminate the services of the civil servant, unless, immediately prior to his appointment to his probationary position, he held another position in the Civil Service;

(b) if the civil servant held, immediately prior to his appointment to his probationary position, an established position (in this paragraph referred to as his previous position), the appropriate authority shall terminate his appointment to his probationary position and, in that event, the civil servant may, if the Minister consents, forthwith be appointed to an established position (being a position which is, either, (i) in the same grade as that of his previous position, or (ii) in a grade or rank which, in the Minister's opinion, is equivalent to or lower than the grade of his previous position) to be designated by the Minister;

(c) where—

(i) the civil servant is appointed to an established position under paragraph (b) of this section, and

(ii) he held, immediately prior to his appointment to his probationary position, his previous position in a probationary capacity,

then, the established position to which he is appointed shall have attached thereto such conditions of probation and such other conditions as the Minister may fix;

(d) if the civil servant held, immediately prior to his appointment to his probationary position, a position which is not an established position (in this paragraph referred to as his previous position), the appropriate authority shall terminate his appointment to his probationary position and, in that event, the civil servant may, if the Minister consents, forthwith be appointed to a position which is not an established position (being a position which is, either (i) in the same grade as that of his previous position or (ii) in a grade or rank which in the Minister's opinion is equivalent to or lower than the grade of his previous position) to be designated by the Minister.