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Fixation of seniority

Querist : Anonymous (Querist) 22 November 2017 This query is : Resolved 
I would be grateful if you explain me the difference between the two letters listed below based on seniority which were published on the dates 8th april 2016 and 17 august 2016.I can see that the letter dated 8th april mentions about the point that the tenure of periods spent in the past service does not get included in determining
the eligibility for the next promotion but the second letter dated 17 august does not have a mention of this point.
1)
No. 28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******
North Block, New Delhi
Dated 8 April , 2016

Seniority

The tenure of periods spent in the past service does not get included in determining
the eligibility for the next promotion. In case of employees who retain a lien on submitting
Technical Resignation, in the event of their reversion to their previous job, the period spent in
the new job would not be counted for calculation of minimum qualifying service for
promotion in their previous job. The individual will however in case of his reversion to parent
organisation regain his seniority with effect from the date of his reversion .

2)
No. 28020/1/2010-Estt.(C) Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******
North Block, New Delhi
Dated 17th August, 2016

Seniority

On technical resignation, seniority in the post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his substantive post, the period spent in another department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post.
Guest (Expert) 22 November 2017
Seniority protected only in your parent cadre, not in another department to override over and above the already existing employees of that department.
Ms.Usha Kapoor (Expert) 23 November 2017
The 1 st letter April 8 2016 which states that past services should not be taken into account while considering seniority for promotion. Whereas the 17th August dated 2017 letter does not mention this point at all giving rise to presumption that past service may or may not be be taken account while fixing seniority and promotion.
Sudhir Kumar, Advocate (Expert) 23 November 2017
You have resigned one job and entered another cadre.

You are not carrying any seniority from past cadre.

Your technical resignation slows you to carry past service for pension purpose (if leave salary and pension contribution is paid to state govt by past employer) and an option during probation of new post to revert back to past post and pay protection. PRACTICALLY EVERYTHING EXCEPT SENIORITY

YOU MAY OR MAY NOT THANK ME AND MAY OR MAY NOT APPRECIATE REPLY BUT COME OUT OF MISCONCEPTIONS TO THE CONTRARY

your seniority will be decided as per order of merit in select list for the new post.

Querist : Anonymous (Querist) 23 November 2017
thanks for your valuable replies
Dr J C Vashista (Expert) 24 November 2017
Sorry, no reply for anonymous person.


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