anu 10 August 2019

Experience of Previous job /Past Service in Autonomus body

Sir,
I am posted as a Extension Officer Industries on contract basis Wef 15.6.2016 in Himachal Pradesh under the Department of Industries.In our state most of the govt jlobs are on contract basis and are regularised after putting three years of contract service.
I have joined this serVice after tendering technical resignation from my previous post which was on regular basis. I worked in previous job on a regular service of more than 6 years in an Autonmous body from 1.1.11 to 15.6.16.
Now ,I had applied for a exam advertised by the Public Service Commision which requires three years regular service as on 15.2.19 to be able to write the said exam.
My candidature has been rejected by the Commission on ground that I donot posses three year regular service as on 15.2.19.
However ,my contention is that ,since I have rendered technical resignation and as such I am on a lien,my past service should not be forfeited and I shall be allowed the benefit of appearing in the exam ,on basis of my regular work experience ,in previous/past service.
Can I represent my case as I have been given 7 days to write a representation?In case my representation is not entertained by the Public Service Commision,do I have a legal remedy against the action of the Public Service Commision?
Your replies and suggestions shall be highly solicited please.

warm Regards
Anurag

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4 Replies

G.L.N. Prasad (Retired employee.) 10 August 2019

Contact a sincere advocate and seek such relief from HC basing on merits and precedents.

P. Venu (Advocate) 10 August 2019

First of all, there appears to be some confusion as to considering previous experience vis-a-vis counting past service. The former is in the context of selection and appointment for a job while the latter is in the context of pay and other benefits. For the purpose of experience, the status whether regular or temporary or contractual is immaterial; what matters is the nature of duties performed and experience so gained.

The facts stated suugest that you have been on contractual employment and hence was not onregular employment in Government service. However, if you were performing the same duties as regular employee in the same cadre, there is no reason why that service should not be counted as past experience.

The remdy lies in approaching the High Court through a Writ Petition and getting interim relief in appearing for the examination subject to the final decision in the WP.

Please not that, in my understanding, the concepts of tehnical resignation and lien may not be relevant as you were serving in a contractual capacity and could not be in the status of a public servant.

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anu 10 August 2019

Mr P Venu Sir..Thank u very much for your proMpt reply and invaluable time.
I was on a regular serVice from 2011 to 2016 in an autonomous body of state govt.
In the year 2016 I joined my service in another department of state Government .This time the service is on contract basis as the Govt has a contractual Policy here for three years.However ,I have joined the service on contract basis after applying through proper channel and submitting my technical resignation.
my question is does my regular service of 5 years in past job gets forfeited??
Actually ,now I want to apply for a post under the State Finance and Accounts Service where they have asked for three year regular service as one of the pre condition to apply.Does my regular service in past job count as valid regular service to apply for the post under State Account Service.
kinldy revert .
Thanks in advance