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Thread: Temporary service without break considered for service benefits

  1. #1
    Junior Member enthu38 is on a distinguished road
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    Default Temporary service without break considered for service benefits

    I joined as system programmer in the university on temporary basis in July 1991 and then appeared for the interview held for the same post in Sept 1992 and got selected and joined in the same post without any break.

    Can this one year and 3 months of temporary service be counted for service benefits/pension qualifying service etc., and entered in the service registers?

    I would greatly appreciate if you could help me with any relevant G.O.s pertaining to this issue.

    Advance thanks for your help.

  2. #2
    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by enthu38 View Post
    I joined as system programmer in the university on temporary basis in July 1991 and then appeared for the interview held for the same post in Sept 1992 and got selected and joined in the same post without any break.

    Can this one year and 3 months of temporary service be counted for service benefits/pension qualifying service etc., and entered in the service registers?

    I would greatly appreciate if you could help me with any relevant G.O.s pertaining to this issue.

    Advance thanks for your help.
    Kindly refer to the offer of appointment issued to you for joining the post on "temporary basis". Also the term "temporary basis" is a generic term and could mean adhoc service or on contract basis.

    Victor

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    Senior Member RKPATHAK is an unknown quantity at this point
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    If you worked in regular capacity then only temporary service can be counted

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    Junior Member enthu38 is on a distinguished road
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    Quote Originally Posted by Victor View Post
    Kindly refer to the offer of appointment issued to you for joining the post on "temporary basis". Also the term "temporary basis" is a generic term and could mean adhoc service or on contract basis.

    Victor

    Thank Sir for your reply. My appointment offer letter said that it was on a contract basis. But I was a full time worker. Also the offer letter said that I should not deem it a privilege to be considered for the interview or selection.

    Due to my merit, I got selected in open competition.

    Now, Sir I wish to request my authorities to consider that period of one year and 3 months of service to be regularised only for considering it for the qualifying service years while calculating for pensionable service and the like.

    If there are any G.O. s to this effect, I could quote them in my advantage.

    I would greatly appreciate your guidance in the matter and will probably help people who are in situations like me.


    Thank you sir.

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    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by enthu38 View Post
    Thank Sir for your reply. My appointment offer letter said that it was on a contract basis. But I was a full time worker. Also the offer letter said that I should not deem it a privilege to be considered for the interview or selection.

    Due to my merit, I got selected in open competition.

    Now, Sir I wish to request my authorities to consider that period of one year and 3 months of service to be regularised only for considering it for the qualifying service years while calculating for pensionable service and the like.

    If there are any G.O. s to this effect, I could quote them in my advantage.

    I would greatly appreciate your guidance in the matter and will probably help people who are in situations like me.


    Thank you sir.
    CCS(Pension) Rules, 1972 "are not applicable to persons employed on contract except when the contract provides otherwise."

    Further, as per the rules ibid qualifying service commences from the date of appointment in a substantive or officiating or temporary capacity.

    Hence, the period of 1 year and 3 months rendered on contract basis may not be considered as 'qualifying service' for the purpose of pensionary benefits.

    However, after the implementation of the 6CPC report, the entitlement of pensionary benefits may not matter much if you intend to serve the govt. on a long term basis. As per the latest amendments, the concept of pro-rata calculation of pension has been removed and one is entitled to 50% of last basic pay (or average basic pay of last 10 months, whichever is beneficial) on retirement. Similarly the difference in gratuity may not be significant.

    Victor

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    Senior Member jaleelethiyil is on a distinguished road
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    Quote Originally Posted by Victor View Post
    CCS(Pension) Rules, 1972 "are not applicable to persons employed on contract except when the contract provides otherwise."

    Further, as per the rules ibid qualifying service commences from the date of appointment in a substantive or officiating or temporary capacity.

    Hence, the period of 1 year and 3 months rendered on contract basis may not be considered as 'qualifying service' for the purpose of pensionary benefits.

    However, after the implementation of the 6CPC report, the entitlement of pensionary benefits may not matter much if you intend to serve the govt. on a long term basis. As per the latest amendments, the concept of pro-rata calculation of pension has been removed and one is entitled to 50% of last basic pay (or average basic pay of last 10 months, whichever is beneficial) on retirement. Similarly the difference in gratuity may not be significant.

    Victor
    Victorsir,
    If an employee is on without pay partially or fullterm on last 10 month of his retirement,how it will affect his retirement benifit.

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    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by jaleelethiyil View Post
    Victorsir,
    If an employee is on without pay partially or fullterm on last 10 month of his retirement,how it will affect his retirement benifit.
    In such cases the period of EOL is excluded and an equal period prior to the 10months is taken into account for calculating the average emoluments.

    If the official has drawn pay on the date of retirement which is higher than the average emoluments, then it would be beneficial to opt for calculation of pensionary benefits based on this amount.

    Victor

  8. #8
    Senior Member jaleelethiyil is on a distinguished road
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    Quote Originally Posted by Victor View Post
    In such cases the period of EOL is excluded and an equal period prior to the 10months is taken into account for calculating the average emoluments.

    If the official has drawn pay on the date of retirement which is higher than the average emoluments, then it would be beneficial to opt for calculation of pensionary benefits based on this amount.

    Victor
    Thank you Victorsir,
    If the employee draw full payment in his last month of retirement,it will be always higher than the average of last 10 month payment.Thank you for clearing my doubt.

  9. #9
    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by jaleelethiyil View Post
    Thank you Victorsir,
    If the employee draw full payment in his last month of retirement,it will be always higher than the average of last 10 month payment.Thank you for clearing my doubt.
    The average emoluments of last 10 months may be higher in some cases. For e.g. an official could be downgraded or reverted to his lower post just before retirement in which case the average of 10 months could be more than the last pay drawn.

    Victor

  10. #10
    Junior Member enthu38 is on a distinguished road
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    Thank you Victor Sir for your awesome clarifications regarding my issue.

    I am wondering whether I can still request my authorities to include the period of one year and 3 month as continuous service at the Unversity and make necessary entries in my service register to the effect of regulating my service during July 1991 to Sept 1992.

    There are precedences in the university where teaching faculty and administrative staff's prior continuous experience from outside (either from govt or private institutions) being included for appointment, promotion and for other benefits.

    Kindly guide me Sir.

    Thank you once again in advance.



    Quote Originally Posted by Victor View Post
    CCS(Pension) Rules, 1972 "are not applicable to persons employed on contract except when the contract provides otherwise."

    Further, as per the rules ibid qualifying service commences from the date of appointment in a substantive or officiating or temporary capacity.

    Hence, the period of 1 year and 3 months rendered on contract basis may not be considered as 'qualifying service' for the purpose of pensionary benefits.

    However, after the implementation of the 6CPC report, the entitlement of pensionary benefits may not matter much if you intend to serve the govt. on a long term basis. As per the latest amendments, the concept of pro-rata calculation of pension has been removed and one is entitled to 50% of last basic pay (or average basic pay of last 10 months, whichever is beneficial) on retirement. Similarly the difference in gratuity may not be significant.

    Victor

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