Regularisation of intervening period-service case

VISHNU (Querist) 24 October 2011 This query is : Resolved
SIR

1. mY FRINED SANJAY HAS JOINED 23.03.1993 IN AN GOVT UNDERTAKING SERVICE. That on 24.09.1997 all the joining was quashed by Govt on this advt on which Sanjay was joined, on reason that due to excess vacancies was fulfilled. After this on the same post in 10.10.1997 sanjay again joined in same govt undertaking dept in same office.
QUERY : kINDLY INTIMATE THE INTERVENING PERIOD BETWEEN 25.09.97 TO 10.10.97 IS LIABLE TO BE REGULARISED? Kindly intimate with any judgement of any court please. God may help you and Deepawali wishes to all my Learned Advocates.

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Isaac Gabriel (Expert) 25 October 2011
No. Neverthles,it could be regularised without pay for the purpose of seniority.

M V Gupta (Expert) 25 October 2011
If Sanjay was informed by the undertaking that his appointment was being cancelled for the reasons stated in your query and subsequently the undertaking withdrew its order of removal on any ground, then the undertaking should not only regularize the absence by grant of special leave but also pay for the intervening period of absence which is not on account of any fault of Sanjay. He should represent to the Managment suitably for the relief.

Guest (Expert) 25 October 2011
I may have to differ with the views of the experts. In this particular case where termination happened, the break in service for the period from 25.09.1997 to 10.10.1997 could only be condoned with the approval of the competent authority by treating the period as dies-non, and neither by grant of leave without pay nor any special leave.

R.RAJENDRAN (Expert) 25 October 2011
Regularisation of the break-in-service is the decision of the Government undertaking, after taking a lenient view of the representations of the affected parties.
You may give a representation.
Further action may be contemplated after getting a reply and on the basis of the service rules of the undertaking, governing your service.

prabhakar singh (Expert) 26 October 2011
you are adequately guided by experts.

VISHNU (Querist) 02 November 2011
sir

The issue is quite debatable. The rejoinder query shall be put again as the complete solution is still under carpet.
Thanks

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