Counting of past services
Querist :
Anonymous
(Querist) 23 August 2023
This query is : Resolved
Dear respected lawyers,
I had joined a govt university in year 2017 as Assistant Professor. I have past contractual services (year 2012- 2017) which I had requested in year 2019 to the govt university to count for promotion under Career Advancement Scheme(CAS) using UGC regulations 2018 but university denied my request citing clause of UGC regulations 2010 that is for break in service. However, I made the request to count my previous contractual services in year 2019 under UGC regulations 2018 which had been adapted by university and in which the "break in service" clause for contractual services is removed. Is it possible for me to avail benefits of counting of my past services under UGC regulations 2018? Thanks in advance.
Sudhir Kumar, Advocate
(Expert) 23 August 2023
no concrete view can be formed without reading such regulations of the UGC.
However, as per the instructions prevalent in govt the contractual service doe snot count for MACP. Regulation quoted by you may be providing differently. Please share the same.
Querist :
Anonymous
(Querist) 23 August 2023
@ Sudhirji,
Plese find UGC regulations 2018
Clause 10.0 Counting of Past Services for Direct Recruitment and Promotion under CAS-
Previous regular service, whether national or international, as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories or other scientific/professional organisations such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR and DBT, should count for the direct recruitment and promotion under the CAS of a teacher as Assistant Professor, Associate Professor, Professor or any other nomenclature, provided that:
(a) The essential qualifications of the post held were not lower than the qualifications prescribed by the UGC for Assistant Professor, Associate Professor and Professor, as the case may be.
(b) The post is/was in an equivalent grade or of the pre-revised scale of pay as the post of Assistant Professor (Lecturer) Associate Professor (Reader) and Professor.
(c) The concerned Assistant Professor, Associate Professor and Professor should possess the same minimum qualifications as prescribed by the UGC for appointment to the post of Assistant Professor, Associate Professor and Professor, as the case may be.
(d) The post was filled in accordance with the prescribed selection procedure as laid down in the Regulations of the University/State Government/Central Government/ Institutions concerned, for such appointments.
(e) The previous appointment was not as guest lecturer for any duration.
(f) The previous Ad-hoc or Temporary or contractual service (by whatever nomenclature it may be called) shall be counted for direct recruitment and for promotion, provided that:
(i) the essential qualifications of the post held were not lower than the qualifications
prescribed by the UGC for Assistant Professor, Associate Professor and Professor, as the
case may be
(ii) the incumbent was appointed on the recommendation of a duly constituted Selection
Committee/Selection Committee constituted as per the rules of the respective university;
(iii) the incumbent was drawing total gross emoluments not less than the monthly gross salary of a regularly appointed Assistant Professor, Associate Professor and Professor, as the case may be; and
(g) No distinctions shall be made with reference to the nature of management of the institution where previous service was rendered (private/local body/Government), while counting the past service under this clause.
Querist :
Anonymous
(Querist) 23 August 2023
Please find UGC regulations 2010
Clause 10.0 Counting of Past Services for Direct Recruitment and Promotion under Career Advancement Scheme (CAS) -
10.1 Previous regular service, whether national or international, as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories or other scientific/professional organisations such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR and DBT, should count for the direct recruitment and promotion under the CAS of a teacher as Assistant Professor, Associate Professor, Professor or any other nomenclature, provided that:
(a) The essential qualifications of the post held were not lower than the qualifications prescribed by the UGC for Assistant Professor, Associate Professor and Professor, as the case may be.
(b) The post is/was in an equivalent grade or of the pre-revised scale of pay as the post of Assistant Professor (Lecturer) Associate Professor (Reader) and Professor.
(c) The candidate for direct recruitment had applied through proper channel.
(d) The concerned Assistant Professor, Associate Professor and Professor should possess the same minimum qualifications as prescribed by the UGC for appointment to the post of Assistant Professor, Associate Professor and Professor, as the case may be.
(e) The post was filled in accordance with the prescribed selection procedure as laid down in the Regulations of the University/State Government/Central Government/ Institutions concerned, for such appointments.
(f) The previous appointment was not as guest lecturer for any duration or an ad hoc or in a leave vacancy of less than one year duration. Ad-hoc or Temporary service of more than one year duration can be counted provided that: (i) The period of duration was more than one year ii) the incumbent was appointed on the recommendation of a duly constituted Selection Committee (iii) the incumbent was selected to the permanent post in continuation to the ad hoc or temporary service, without any break
(g) No distinctions shall be made with reference to the nature of management of the institution where previous service was rendered (private/local body/Government), while counting the past service under this clause.
T. Kalaiselvan, Advocate
(Expert) 24 August 2023
You can discuss the issue at length with an advocate in local instead of getting confused by many replies to your queries which may be relevant or not to your query hence without wasting your time you can approach a local lawyer for assistance and clarity
kavksatyanarayana
(Expert) 24 August 2023
Yes. You shall consult a local advocate for guidance.
Sudhir Kumar, Advocate
(Expert) 25 August 2023
given regulations prima-facie indicate ad-hoc service to count for direct recruitment. This does not mean this will also count for CAS.
you are also not clear how break in service is mentioned.
Querist :
Anonymous
(Querist) 26 August 2023
@Sudhirji, clause 10 of UGC regulations refers to "Counting of past services for Direct Recruitment and Promotion under CAS"
Clause 10.1 (f) iii which refers to "break in service" in UGC regulations 2010 is no more in UGC regulations 2018.
kavksatyanarayana
(Expert) 27 August 2023
I think as per UGC regulations, the service of a faculty will be counted only if the post held by that person was advertised and selected through a selection committee and the qualification as prescribed by UGC.
P. Venu
(Expert) 30 August 2023
To my understanding, contractual service does not constitute past regular service.
