Counting of past service for pay protection and promotional eligibility at new institute

You have confirmed in the first institution and received a formal technical resignation from your first institute. You may claim protection back to that baseline but resigning from the 2nd institution breaks the continuous chain of regular service protection.

You have already opened a thread on the same topic, hence you could have posted further queries in the same thread for continuity.

The employee is entitled to service continuity, pay protection, and counting of past service at Institute 3, provided there was no physical break in service between the postings.

Under Department of Personnel and Training (DoPT) guidelines (including consolidated Master Circular / OM dated 24.11.2022 on Technical Resignation and Lien), the issuance of a "standard resignation order" by Institute 2 instead of a "technical resignation order" is an administrative procedural error that does not extinguish substantive statutory rights when the application was routed through proper channel with a No Objection Certificate (NOC).

Even if Institute 2 omitted the word "Technical" in its relief order, DoPT rules explicitly state that if conditions of proper channel application and NOC are met, the resignation shall be treated as technical for all administrative benefits.

Since both Institute 1, Institute 2, and Institute 3 function under the administrative control of the Ministry of Health and Family Welfare (MoHFW), the Ministry can issue a administrative direction/clarification to Institute 2 to rectify the order.

If administrative channels fail, the Central Administrative Tribunal (CAT) consistently rules in favor of the employee in such cases, holding that procedural lapses by an employer cannot defeat an employee's substantive service rights.

1. Gap between 1 and 2= 1 day, gap between 2 and 3 =6 days,

 2. technically relieved from 1 (with prior NOC) from a cadre X (substantive post)

3. Joined 2 on the same cadre X, 

4. NOC and standard relieving from 2 after 5 months of joining (under probation ) and

 5. Joining 3 on same cadre X and now on substantive post

6. All recruitments through direct recruitment only 

First of all ascertain the provision under which you have been denied the benefit of technical representation, prefer an appeal/representation/memorial and seek judicial review, if need be.