Consideration of past service for promotion eligibilty and pay protection
Under the Government of India/Central Government service, governed by the Central Civil Services (CCS) Rules, an employee initially holds a substantive post in Institute A. The employee subsequently joins Institute B on technical resignation/technical transfer, after applying through the proper channel and obtaining a No Objection Certificate (NOC) from the parent institution. Thereafter, after serving only five months (during probation) at Institute B, the employee joins Institute C through fresh direct recruitment against an open advertisement, again after applying through the proper channel and obtaining an NOC from Institute B.
At all three institutes:
The appointments are under the same Central Government Ministry.
The post and cadre remain the same (Associate Professor).
Each appointment is made through open advertisement and direct recruitment.
The employee is properly relieved from the previous institute and joins the next institute without any break in service.
Question: In such circumstances, should the service rendered at both Institute A and Institute B be counted for:
Eligibility for promotion (including qualifying service for higher academic/administrative promotion); and
Pay protection and other consequential service benefits, despite the employee having served only five months at the intermediate institute (Institute B) before moving to Institute C?
This version presents the facts chronologically, clearly distinguishes the mode of movement between institutions, and frames the legal issue precisely. It is suitable for seeking a legal opinion or administrative clarification.
gap in service: from institute A to B= one day, from institue B to C= 6 days
You should include the gap explicitly because its legal significance depends on whether it is treated as a joining time, technical resignation, or a break in service. Here's a revised version:
Under the Government of India/Central Government service governed by the Central Civil Services (CCS) Rules, an employee initially holds a substantive post in Institute A. The employee subsequently joins Institute B after submitting a technical resignation/technical transfer, having applied through the proper channel and obtained a No Objection Certificate (NOC) from Institute A. There was a one-day gap between relief from Institute A and joining Institute B.
After serving only five months (during probation) at Institute B, the employee joins Institute C through direct recruitment against an open advertisement, again after applying through the proper channel and obtaining an NOC from Institute B. The employee submitted a resignation (claimed to be a technical resignation) from Institute B before joining Institute C. There was a six-day gap between relief from Institute B and joining Institute C.
In all three institutions:
The institutions are under the same Ministry of the Government of India.
The post and cadre are identical (Associate Professor).
Each appointment was made through open advertisement and direct recruitment.
Both subsequent appointments (A→B and B→C) were made through the proper channel after obtaining the requisite NOCs from the previous employer.
Question:
In these circumstances, where the employee moved between Central Government institutions in the same cadre through the proper channel and with due NOCs, should the service rendered at both Institute A and Institute B be counted for:
Eligibility for promotion, including qualifying service for higher academic or administrative promotion; and
Pay protection and other consequential service benefits, despite:
the employee having served only five months at the intermediate institute (Institute B), and
there being a one-day gap between Institute A and B and a six-day gap between Institute B and C?