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Ashish (Lecturer)     06 December 2013

Counting of past service as lecturer

Dear Sir/Madam,

I want to put forward my case for views from your end.

1. I served in a Govt. Aided college as a permanent Lecturer from 13.01.2001 to 20.01. 2005 before getting selected as a Lecturer in a university which I joined on 22.01.2005 after resigning (technical) from the college in the afternoon of 20.01.2005 .

2. My pay was protected, and I worked on probation in the university for one year. After the completion of my probation, I was made permanent on 22.01.2006, and by counting my past service, I was given promotion to Senior Lecturer on 13.01.2006 (05 years of my total service, college+university). 

3. Everything went smoothly. But now when I applied for my next promotion through CAS of the UGC, an officer is objecting to the counting of my past service saying there is a break of one day because I had resigned from college and joined the university.

Please guide me on this sirs and madams. I will be grateful to you all.



 15 Replies

T. Kalaiselvan, Advocate (Advocate)     07 December 2013

Why do you worry about it because he has initiated some action against the department only and not you, wait for your turn and then react accordingly.

1 Like

Sudhir Kumar (Retd Govt Officer)     08 December 2013

how far was the place of relieving and place of joining.

1 Like

Ashish (Lecturer)     13 December 2013

Sudhir Sir, the place of relieving was Lucknow and the place of joining was Guwahati, quite a few thousand kilometers away.

Ashish (Lecturer)     13 December 2013

Kalaiselvan sir, but they are not giving me the next promotion which is due. That's something which is worrying. 

Sudhir Kumar (Retd Govt Officer)     13 December 2013

if you demitted on permanent post on technical resignation and joined another then prima-facie you are entitled to joining time just like in case of transfer.  However if the rules of autonomous body (which you have not seen) do not permit such joining time thten the absence can be regularised by grantof leave.

 

your promotion is another issue which you have not described.

Ashish (Lecturer)     14 December 2013

Sudhir sir, In many cases in the same university, the gap (absence) has been "condoned" by the Executive Council, and in my case, my past service was already taken into account without making a fuss about the one day "gap". Now, one officer is saying that because there is a "gap" of one day, there is a break in continuous service, and so past service cannot be counted. I was promoted to Senior Lecturer through the Career Advancement Scheme of the UGC by taking into account the number of years that I served in the college. This is acceptable as per the university rules. The only issue is the notion of "break" in service. Sir, I would like to know what constitutes a "break" in service. Thanks for your interest in my case.

Sudhir Kumar (Retd Govt Officer)     14 December 2013

you said :-

 

" In many cases in the same university, the gap (absence) has been "condoned" by the Executive Council, and in my case, my past service was already taken into account without making a fuss about the one day "gap".

 

you have to seek the reasons for differential treatment in writing.  Thereafter you can meet a service lawyer. You are entitled to equal treatment under equal circumstances..

Sudhir Kumar (Retd Govt Officer)     14 December 2013

you said

 

" I was promoted to Senior Lecturer through the Career Advancement Scheme of the UGC by taking into account the number of years that I served in the college."

 

You yourself appear to be under misconception.  ACP is never a promotion to higher post rather it is only financial upgradation.  I believe that none can advise you suitably without himself seeing all the papers.

Ashish (Lecturer)     16 December 2013

Thanks for your advice regarding seeking reasons for differential treatment by the employer. However, I couldn't understand the 'ACP' thing. In my case, I was made Senior Lecturer (a promotion from the position of Lecturer) by taking my past service in the college into account. This has happened in the cases of many other people in the university as well.

Sudhir Kumar (Retd Govt Officer)     02 February 2014

I believe that none can advise you suitably without himself seeing all the papers.

1 Like

Jai Kumar Maherchandani   30 January 2016

Ashish Ji, have you got the solution of your problem, if yes please inform. You can get some help from attached Supreme Court Judgement on continuity of service. Please reply.


Attached File : 342663 20160130001058 468175428 supreme court continuity of service.pdf downloaded: 86 times

Dr. Prasad (Service)     03 March 2017

Dear Sir/Madam,

I want to put forward my case for views from your end.

  1. I served in a state Govt. University as a permanent Assistant Professor in Dept.of Physical Education from 01.09.2010 to 29.09. 2013 before getting selected as a Assistant Professor (Dept.of Physical Education) in one of the Foreign University which I joined on 01.10.2013 after resigning (technical) from the Indian University. I went through proper channel. There was a Break of one day because it took me one day to reach Abroad and join. The Salary I was getting is as per UGC Scale. My Ph.D has been awarded in 2011.
  2. I worked in Foreign University from 01.10.2013 to 21.07.2013
  3. Now again I had been selected as Assistant Professor (Dept.of Physical Education) in one of the Indian Central University. I joined on 25th July 2015. Again there was a break of 3 days This break may be treated as joining/journey/technical period break because it was also a fresh appointment and I was leaving from Abroad permanently so I have to submit my residential permit and get an Exit VISA to enter India, for which I had bound to wait there for three days to get the official work done. So, I joined this esteemed university on 25th July 2015 F.N. I also came through proper channel. The salary I was getting is fixed in US Dollar.
  4.  Everything went smoothly. But now when I applied for my next promotion through CAS of the UGC, an officer is objecting to the counting of my past service saying there is a break because I had resigned from Parent University and joined other university.
  5. Till date my total teaching experience is since 01.09.2010 onwards 6 years 5 months. And I shall be promoted to next grade pay i.e 7000.

     6. Also suggest me how can I protect my salary because here I am getting my initial salary. I will be grateful to you all.
 

Sudhir Kumar (Retd Govt Officer)     05 March 2017

"I was made Senior Lecturer (a promotion from the position of Lecturer) by taking my past service in the college into account."

Appears illegal benefit.  you cannot carry seriority of past post while proceeding on tecnical resignation.

Bappaditya (Assistant Professor)     12 December 2017


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