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Bappaditya (Assistant Professor)     05 July 2014

Gap in service

Hello all,

I joined as Lecturer in a university after resigning from a college. There was a one-day gap between relief from the college and joining in the university. My pay was protected, and my past service was counted and I was promoted to Senior Lecturer without mentioning anything about the gap of one day. Now when I'm due for my next promotion one officer is pointing out this gap and saying that this amounts to break in service. This I believe is a misinterpretation of the notion of 'break in service'. Moreover, such gaps have been condoned in other cases. I'm suffering because of the horrible decision making in the University. Kindly give your valuable suggestions.



Learning

 6 Replies

Kumar Doab (FIN)     05 July 2014

Why there was a delay at all of 1 day?

Was it due to any lapse at your end?

Pls elaborate.

 

Like in other cases you can also proceed to get it condoned…………………..

Sudhir Kumar, Advocate (Advocate)     05 July 2014

mere gap doe snot amount to break in service.  However the same can be regularised by grant of leave.

Bappaditya (Assistant Professor)     06 July 2014

Dear Kumar sir,

The one-day gap was due to the time taken by me to come from Uttar Pradesh to Assam. Earlier my case for promotion was considered even without my asking for condonation of the gap. My question is can a one-day like this be cited as a reason for denying counting of past service. The UGC regulations mention that 'past service has to be without any break'. I have looked up a case similar to mine, that of Dr. Sandeep Kumar Gupta who fought it out against Guru Angad Dev University, and in that case the Hon'ble Punjub-Haryana High Court gave the verdict that the gap of 17 days between Dr. Gupta's getting relieved from an Orissa university and joining Guru Angad Dev University cannot be considered to be break in service. The details of this case is there in the India Kanoon website. Please let me know what I should do sir. Thanks for your concern.

Bappaditya (Assistant Professor)     06 July 2014

Dear Sudhir sir,

My present institution is saying that they can't grant leave because I was not there employee then. My earlier institution is saying that they can't grant me leave on that day because I resigned from the college and I ceased to be their employee as well. But for a mere one-day gap my previous service of 5 years can't be sacrificed. Please advise me what to do. I have given many representations but they are not listening. Interestingly, they have already counted my past service and given me one promotion. Now they are raising question about the one-day gap.

Kumar Doab (FIN)     07 July 2014

Since your representations are not fetching you relief then you have to seek relief from appellate authority as described in your service rules and regulations and then court of law.

Approach a local lawyer well versed with service matters with all docs on record and give inputs in person, understand the merits and  after understanding the merits proceed further  under expert advise of your lawyer.

Let your lawyer now structure your representations.

1 Like

Bappaditya (Assistant Professor)     07 July 2014

Dear Kumar sir,

I have been deeply involved in academic activities, but this harassment has caused me to suffer a lot. I've already consulted a couple of lawyers in Guwahati, and they are looking up the details. The only thing is I made to go through this because the university is indecisive about the matter and they are not aware of the rules. However, with your blessings, I hope to win the fight. Thanks for your advice.


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