Civil Procedure Code (CPC)

Break in service.

This query is : Resolved 
 

(Querist)
20 July 2021

I was a permanent employee in an educational institution since 2006 and retired on 30th June 2021. I'd resigned in 2010 due to my husband's transfer and joined back within the notice period of 3 months. Again in 2016 I'd resigned and joined back within the notice period due to the same reason. Will it be considered break in service? Will my gratuity amount be affected by this?
An early response is appreciated.
Thanks in anticipation....


kavksatyanarayanaOnline (Expert)
20 July 2021

Yes. It will be treated as a break in service.

Advocate Bhartesh goyalOnline (Expert)
21 July 2021

Once you have resigned and your resignation had been duly accepted by authority thereafter joining again service amounts to breaking and not continuing.

Dr J C VashistaOnline (Expert)
21 July 2021

Got appointed in 2006 and retired on 30th June 2021, is it true ?
Meanwhile you have stated to have resigned in 2010 due to transfer of your husband but joined before notice period and acceptance of resignation , wherein again you have resigned in 2016 and joined within notice period, good tamasha (drama), is it true ??

Very lucky where you have been allowed by the institution where you have resigned in 2010 and 2016 and continued within notice (3 months) period.

Whether your service continued or not is ambiguous and vague (not very clear) from the facts posted, hence can not form proper opinion and oblige.

Shashikant V. PatilOnline (Expert)
21 July 2021

You have two breaks of your service, For gratuity, continuous service is counted. After your discontinuation , you are not entitled for gratuity. You may be entitle for the period from your initial joining from 2006 to 2010 .

P. Venu Online (Expert)
21 July 2021

Were you in Government service? How was the period of absence treated? Please post complete facts.



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