Is the break in service mandatory in adhoc employment.

Your appointment is against vacancy for regular or permanent post. Is it mentioned in your appointment letter that appointment is on adhoc basis for period of..........?

If adhoc is not mentioned then probation period and clause for confirmation is to be looked into.

It is felt that either your probation period can be extended in case your performance is not found as per standards’ fixed for confirmation or parameters for extension of probation are to be applied, or your services shall be terminated in line with your appointment letter and rules of the establishment.

Has the employer conducted any appraisal of performance during the probation period? Have you signed on appraisal and have you been given any copy of the appraisal? Have you received any increment in salary, appreciation letter/reward/award etc. Has the employer issued any memo/stinker/ show cause notice etc?

You may continue to mark your attendance.

Kindly show your appointment letter, employee rule book, dept. rules to a competent and experienced service lawyer at your location and provide the details.

I am submitting my appointment letter.

Surprisingly today on 10-04-2012 i have served termination and appointment also with a break of three days.

Earlier no memo/note charge sheet and adverse against me was issued.

Sir can u plz. provide me ur Email Id so that i can send my appointment letter.

Kindly attach the appointment letter with your post in this thread. Thus you shall have the advantage of having advice from many of the learned experts/members. You may erase the names etc. to maintain the confidentiality.

It shall also be appropriate to visit a competent and experienced service lawyer at your location with all the records and discuss in person. Your lawyer shall be well versed with the state rules and might have some previous decisions and precedence on the similar matter.

I am submitting the same without any change.

NORTH EAST REGIONAL INSTITUJE OF EDUCATION
NATIONAL COUNCIL OF EDUCATION RFSEARCH AND TRAINING
NONGRIM HILTS: SHILLONG -793003
(Constituent llnit of NCERT, New Delhi)

No.F.NERIE/1-1lEsstt (Recruit ) / lafi/ LL\$ " Lq\q.
Dated: -23d February,2011

54s,idoq4NAu*l

Subject: * Offer of appoint for the post of Stenographer Gr.Iil at North East Regional
Institute of Education, Shillong, Purely on Ad -hoc Basis.

1. The National Council of Educational Research and Training is pleased to offer to
Shri Sarbeswar Kalita temporary post Purely on Ad -hoc Basis on a basic pay of
Rs.5,200/-in the revised pay scale as per VIth Pay Commission ol Rs. 5,200 ZA,
2OA, GP -2.4OAl-. The appointment will also be entitled to allowance at the rates
as admissible under and subject to the conditions laid down in rules and order
governing the grant of such allowance in force from time to time in the Council.
2. The Council is an autonornous organization set up by the Government of India and
rellistered under the Societies Registration Act. Service under the Council is not
Government Service and is governed by the Rules and Regulations of the Council
prescribed from time to time.
3.
The terms of appointment are as follows:0
The vacanry is purely temporary. on Ad -hoc Basis and the service maybe terminated at any time with
out assigning any reason (s) thereof, but likely to continue. Your service will be terminable on a month's

'
notice from either side in accordance with the Central Civil Service (Temporary Service) Rule 1965, without
assigrring any reason. The Appointing authority however, reserves the right of terminating your service
forthwith or before the expiration of the stipulated period of notice by making payment to you of a sum
equivalent to the pay and allowances for the period of notice or the unexpired portion ihereof.

i, The appointment carries with it the liability to serve in any part of India.
ii, No traveling allowance and daily allowance will be admissible for joining the post.
n1 Other condition of sewice will be governed by the relevant rules and orders of the Council in force from

time to time.

4.
The appointment will be further subject to:0
Production of Medical Certificate fitness from the Competent Medical Authority viz. Civil Surgeon/Dis{rict
Medical Offrcer of a Gort. Hospital.
ii) Taking of an oath of allegiance/faithfulness to the Constitution of India (or making of a solemn affrrmation
to the effect) in the prescribed form.

5. You witl be on probation for two year from date of appointrnenti the period may be
extended at the discretion of the competent authority. On completion of probationary
period satisfactory you will be considered for confirmation in the said post.

6.
in regard to Leave Travel Allowance, contribution to GPF/Tier-l in case of
Employee joining service after 1.1.04, Pension and all other serrrice matters
connected with service conditions, you will be governed by the rules and order in
force from time to time and applicable to the branch of public service to which you
may belong.
7.
In accordance with the relevant rules in force in regard to the recruitment to service
under the Government of India.
a) No person who has more than one wife living or who, having a spouse living contracts a second marriagg thougilr
such marriage is void by reason of its taking place during the life-time of such spouse, shall be eligible for
appointrnent to sentce, provided ttnt the Central Government may, if satisfied that there are special gtounds for
so ordering exempt any person from the operation of this n-rle.

b) No such woman whose marriage is void by reason of its taking place during the life-time of her spouse or rvho has
married to such a person u,hose wife is living at the time of marriage shall be eligible for appointment in service
unless the Golt. of India has granted exemption to such a woman in accordance with this rule after being satisfied
that tfiere are special grounds for so ordering.

B. On joining the post you will be required to submit the following original certificates
i)
Degree/Diploma/Certificate of educational and other technical qualifications, Certificate of age.

ii)
Ifyou claim to belong to a Scheduled Caste, Scheduled Tribe, you have to produce a certificate issued in the
prescribed form by any of the JudiciayRevenue Authorities mentioned therein. You should note that your
appointment will be provisional and is subject to yerification of the caste/trib€ certificate througt proper
channels and that if the claim to belong to SC/ST is found to be false, your services will be termin;ated
forthwith without assigning arry reason and without prejudice to such further action that may be taken under
the Indian Penal Code for production of false certificate. You should also intimate the change, if any, of
your religion after appointment, immediately to the appointing/administrative authorities concerned.

,

iii) Character Certificate from two Gazetted officers of the Center/State Government or stipeildiary Magistrate
in the prescribed form.
iv) Discharge certificate in the prescribed form of previous employer if any, and 'No Objection Certificate'
from him/her for taking up employment in the Institute.

v)
If any declaration given or information furnished by the candidate proves to be false or if the candidate is
found to have willfiilly suppressed any material information he/she will be liable to be rernoved from the
service and such other action as the Council may deem necessary, will be taken against him/lrer.

9. If Sri Sarbeewar Kalita accept the offer on the above terms he/sHe is directed to
communicate his/her acceptance to the undersigned nv ?/-f. l tt If no reply is
received by the prescribed date, the offer will be treated as cancelled without any
further reference.
This issue with the approval of the competent authority.

Administrui

Shri Sarbeswar Kalita

S/o Shri Karuna Kt. Kalita

Vill -
Ischadagharia, P.o -Kaniha, P.s -Rangia

Dist -
Kiamrup, Assam, Pin * 781380.

Copy to:

1. The Civil Surgeon/District Medical Officer Assam Medical College, Guwahati, with the request to
please arrange for the medical examination of the candidate.
2.
Accougls Offtcer, NERIE, Shillong.
3. Resrditment file.
4.]Msonal frle.
1

.,tL-

No attachment is found.

You may click on following link:

https://www.lawyersclubindia.com/lawyers_search/browse.asp?city_id=334

and you shall be guided to list of lawyers from your town of Shillong.

You may click on the profile of lawyers and their contact details may be available.

Your appointment is adhoc. The rules are mentioned  in 1 and 3.

Valauable advice of learned experts/members is sought.

You query is not clear how you were selected and how other stenos were selected.

They have offered to ad-hoc appointment and yet used the refernece of CCS(TS) rules.  it is doubtful if the appointment was ad-hoc or temporary.  No period of engagement is specified it is not clear if it is ad-hoc rather term of probation has been specified which give indication of the job not being ad-hoc.

There is no reservation in ad-hoc appointment and in this case the caste certificate has also been demanded.

There is no compulsion of giving break in service nor do the court take cognizance of artificial breaks.

Be patient little bit and consult nearest available service lawyer.

The advertisement was published in the Empoloyment New in the year 2010 and open recruitment was conducted for the ahdoc posts only. Other stenographer were also selected in the same process of mine. Although they have offered me the adhoc appointment, those posts are sanctioned posts, and no period was mentioned for adhoc posts, instead given me probation. 

I have consulted with the Service Lawyer, they are saying that in adhoc appointment I cannot file case, if I file case then the chance for wining the same is 40 - 60%. 

I donot know what to do. 

You still appear to be ill informed.

If the post was not sanctioned then you could not draw salary.

Other stenos may have been appointed by some opther procedure (i.e. SSC exam).  You have to be clear as towhat procedure is laid down in the recruitement rules.  These rules are not confidentail and published in Gazette of India. can be obtained under RTI by onyone (even if not employed in your deptt).

Please try to know the contents of appointment order of other stenos. 

Your appoitment letter indictes terms of both ad-hoc and temporary employee.

Sir, ours is an Autonomus body of GOI, so there is not question of selection by SSC. As my knowledge goes othere stenos were recruited in the same process. Though, RTI application has put for that. 

The appointment order also made me confused, earlier I was working in Rubber Board, but after getting this appointment I have joined here. And the then AO, and the appointing authority means Principal assured me verbally that it is regular post thus I have joined here. But now the Principal has changed and the procedure has also changed. 

It is not the question of verbal assurance.  Your appointment order has a mention of probation and CCS(TS) Rules, it does not specify the period of engagemnet.  It is diffifult to digest it as ad-hoc appointment particularly when the selection procedure is not different.

Just please check as to wheat procedure of selection is prescribed in the Recruitment Rules