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Sourabh Jyoti Gogoi   20 June 2020

service rule

I am a govt employee in medical college. I worked for 3 and 1/2 years but was absent from duty for 3 yrs and want to resume duty again. Will my previous service will be counted or it will be taken afresh


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 7 Replies

P. Venu (Advocate)     20 June 2020

There is nothing that prevents you from joining duty unless you have been dismissed or otherwise removed from service after disciplinary (departmental) proceedings for the misconduct of unauthorised absence. In the normal course, disciplinary proceedings would ahve been instituted and the employee dismissed/removed by this time,  from service for such a long spell of unauthorised absence.

G.L.N. Prasad (Retired employee.)     20 June 2020

First get your employment back and then contact an expert advocate for due process of getting past service.  DO not assume things.  When you report back to duty, the past service has to be considered treating absence as loss of pay.

P. Venu (Advocate)     20 June 2020

The suggestion I have posted constitute correct and proper guidance taking into account the norms as to public service and my three decade long experience having dealt with and regularised such cases.

Moreover, it is almost impossible to come across an advocate well versed in service rules which are not part of the syllabus for LLB course in any Law College.

Dr J C Vashista (Advocate)     20 June 2020

Did you join or intend to join after self-sanctioned leave for 3 years just at the begining of your service with medical college and the college has / shall permit you to rejoin ? Issue of counting of previous service is under clouds.

Was there any disciplinary inquiry instituted against you by the Medical College for remaining absence of leave for 3 years ?

Where is your college located and what is its name ? 

Whether the college is owned and administered by government, private aided by government or private unaided ?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 June 2020

Originally posted by : Sourabh Jyoti Gogoi
I am a govt employee in medical college. I worked for 3 and 1/2 years but was absent from duty for 3 yrs and want to resume duty again. Will my previous service will be counted or it will be taken afresh

 

1. IF employer unconditionally allows you to join back duty, without any limitations /restrictions, THEN your absence will be deemed as "sabbatical leave" and the intermediate period of leave will be excluded for all legal purposes (Gratutity, Bonus, whatever.... ).

2. You may put up a formal post de facto application for  "sabbatical leave" and since you are a Govt. employee, the same is usually considered positively.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Sudhir Kumar, Advocate (Advocate)     23 June 2020

Let the aquerist come out with full facts without which a clear view cannot be formed.

 

Given facts indicate that come what may .  even if he is not terminated and joins back still he should fporget this period to be counted as pensionanry.

Sudhir Kumar, Advocate (Advocate)     23 June 2020

Yers he has to narrate facts.


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