Joining post on eol


I am presently working in scientific position in central govt. autonomous body. Prior to joining the current position I was a teacher in State University. I submitted my application through proper channel against the open advertisement in central govt. Upon selection (through interview), my parent organisation i.e. State University has relieved me by sanctioning one year of Extra-ordinary leave (EOL) for joining the current position. My present office is now raising question that a person can not join the other organisation on EOL. However, the University Grant Commission rule 8.4.6 (ii) d (Gazette  of India, September 18, 2010) clearly state that a teacher can join other organisation on EOL. The office main objection is that such kind of descripttion has not been mentioned in CCS Rules.

  I request you all to kindly clarify the issue of joining other institution/post on EOL.

 
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Dy Director

The stand of your deptt is correct. While on EOL you still continues to be on the rolls of earlier department [free to curtail leave anytime and start drawing slary from them].  Some notification of UGC may be authorising you to join but that may not compel a Central Govt deptt to tak you on strength. You joing Cemtral Govt after one year, if the post is still available then or curtail your EOL get final relieving and then join Central Govt and if they allow you may proceed on EOL again.

 

You said "The office main objection is that such kind of descriptttion has not been mentioned in CCS Rules", which rule you are referring to. CCS rules is a vague terms. May sets of rules are desribed as   CCS Rules [ie.e CCS (Leave) Rules, CCS(Conduct) Rules, CCS( TS) Rules, CCS (RP) Rules, CCS (CC&A) Rules etc.].

 

 
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It is further clarified and hunbly submitted that I have not taken EOL for any other reason rather the University has sanctioned EOL for one year for the purpose of joing the post under central govt. While searching CCS Leave rules, I find some provision in this regard in FR & SR CCS Leave rules. This provision state the  acceptance of service or employment while on leave under FR & SR CCS Leave Rule – 13 (1)c and 13 (2)b. Requested kindly to elaborate and explain the issue.

 
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Dy Director

My dear, CCS(Leave) Rules will apply to you only when you resign state Govt job (even if on lien) and join central Govt and not in advance.

 

You may read  rule 13 of CCS (Leave) Rules quoted by you:-

 

(1) A Government servant (other than a Government servant who has been  permitted a limited amount of private practice or who has been permitted to undertake casual literary work or service as an examiner or similar employment) while on leave, including leave preparatory to retirement shall not take any service or employment elsewhere, including the setting up of a private professional practice as accountant, consultant or legal or medical practitioner, without obtaining the previous sanction of -

(a) the President, if the proposed services or employment lies elsewhere than in India; or

 

 

(2) (a) No Government servant while on leave, other than leave preparatory to retirement shall ordinarily be permitted to take up any other service or employment.

 

(b) If grant of such permission is considered desirable in any exceptional case, the Government servant may have his services transferred temporarily from his parent office to the office in which he is permitted to take up service or employment or may be required to resign his appointment before taking up any other service or employment.

 

If a Govt servant (including shortly retiring) tries the to join other deptt in the manner you want then these rules will stop him.

 

 

Further, if the university has permitted you to  join another post while on leave (most likely without consulting the Central Govt offering you the post) then it cannot be construed as a binding on the Central Govt to accept you in service while you hold a post.  Even if someone erroneously allow you to join the audit authorities are not bound to clear your salary bill till such you relinquish previous post.

 

 

In case you were permanent (having completed probation) in previous office then you can hold the lien on technical resignation and join service of Central Govt and hold a lien in earlier deptt on earlier post till you were confirmed on new post.

 

If you still feel that you are wrongly denied permission to join you may file case in CAT.

 

 

 
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