Loss of seniority if eol taken during probation

Dear Yogesh,

All the Central Government Employees are governed by FRSR - Fundamental Rules Service Rules.  If you could able to get the copy of the FRSR, which is consists of 4 to 5 books includes, discplinary proceedings, promotions, penalty,etc., for the Central Government Employees.  I doubt, whether, BSNL is following the FRSR for the employees or not in the present scenario.  Previously, when BSNL was Dept. of Telecom, it had followed FRSR.     

Did they give you prior Show Cause notice about action for loss in seniority? If not, then cannot penalize you.

Didn't quite understand your post. Why are you demanding extension of probation of your collegue[Not allowed]. You cannot demand penal action against your colleague when he had a valid Medical Service. EOL cannot cause a break in Service. The onlty effect of E.O.L is that your colleague won't get pay for the priod of EOL.
 

If my interpretation of EOL is correct then no credit for service is given for the period for which EOL is taken. Credit for service is given only when EOL is taken on Medical grounds and the competent authority in their own discretion decides to restore seniority for medical reasons only. In this particular case my colleague (a direct recruit group B junior telecom officer) had barely completed ten months of continuous service and probation from the effective date of appointment .my question is simple. should he get the benefit of a regular employee of no service break even if EOL is taken for medical reasons when his period of continuous service is so short (ten months in this case).EOL is sanctioned for three months(with or without medical certificate) for a temporary employee and up to six months if one year of continuous service is completed .Now for such a shorter period of service (ten months) is he even eligible for EOL of more than three months ?should there be no service break if EOL taken is more than what service rules entitles him to take.

                                 Why I want to extend his period of probation or service break? The answer is he thwarts my every legitimate benefits (purposely) in the name of seniority.

They cannot penalize you for break in service without giving you a prior opportunity of representing. Every High Court/SC has a very large number of decided cases on this. Although probation cannot be extended, EOL does not cause any break of service. I suggest you to move the Central Administrative Tribunal and as your grounds are legitimate CAT will even grant you at least 15% compensation for government's malafide actions.

You have no case

Medical Leave duly santioned cannot be termed as break in serive .

It can maximum extend the date of increment .

But it has no effect on Seniority

You were direct recruit on Regular post .

Your inter se seniority must have been decided on the position of the Merit List

He cannot be penalised of loosing his seniority Because He was ILL  and submitted a proper MC.

NO Case

Be happy and forget the episode as a nightmare

0-9929596546

Dear Godbole,

Even Extraordinary Leave on medical grounds of an employee in Central Government organisations does not have the effect of postponing the increment of the employee.

Dear Yogesh,

I find you are probably interested in the harm to your colleague. Your query also appeared in the experts' column. Can you please tell what benefit actually you would get if your colleague is put in seniority below you? BSNL is such an organisations where the promotions to the post of SDOs/SDEs are made in hundreds, and at some occasion in thousands at a time. Try to earn merit through your ACRs by best performance and get promotion out of turn instead of getting some one down in seniority below you in the present cadre of yours, which is the lowest technical cadre for officers in BSNL.

But about probation, please remember, it is the discretion of the management to extend or not to extend the period of probation of any employee. Moreover EOL on medical grounds does not affect the services of an employee. Whatever merit an employee gets for the purpose of recruitment would not be lost.

Dear Dhingra Sir,

        I am not too desperate for promotion. my service record is absolutely impeccable and exceptional qualities and performance are recorded in my ACR's so far.i will get my promotion whenever i deserve it.prima face it may appear to you that i am only interested in harming my colleague but i have some legitimate reasons if i want something to go against my colleague as he blocks everything in the name of seniority. be it my request transfer or choice of posting or any other company benefits.

                                                  Since the exact legal position in this case had made clear by you and many other experts i do not wish to go further in this matter. Thanks for your guidance.

EOL can only entail loss of wages and pension (fi not on medicl ground)  and nothing else. If you have lost serniority on account of the same. The doors of court are open and contact service lawyer at the place of your posting.

Dear Sir !

      I have joined my State Govt. Company ( Chhattisgarh State Power Transmission Company Ltd.) as Assistant Engineer AE (Trainee) on dtd. 02/03/2009. Trainning was for 1 year after appointment. Then after I have taken 15 days leave for my marriage, which was treated as unpaid leave (leave without pay). And according the company has deduct my stipend of that 15 days period. Now the Company issued regular order after successful training of my batch ( after a year), where my date of regularization has been considered on dtd. 17/03/2010 in place of 02/03/2010 i.e. after 15 days, before that the Company has not intimated me the reason of extension of date.  Now the company has also not paid the regular pay ( Basic+DA) for period 02/03/2010 to 16/03/2010. Finally the Company has published my seniority list, where my name was placed in the last of my appointment batch. Since I am placed in top 10 of the merit list of my batch.

     Since Company may extend my training period on the basis of performance of my training, but here the Company didn't communicated me about any reason.

       Therefore Sir I would like to ask that is it correct, can I loose my seniority in the above case ? Requested that kindly give me proper suggestions and action what to be taken to achieve my seniority at correct place please.

so yours in not  a case of EOL in service.  It is a case of not attending training for 15 days.(stipend is given only to trainee/apprentice)

In your older post you said that  "The rule wit regard to regular employee taking EOL with valid medical certificate & sanction is very much clear. A regular employee will not loose his seniority in such a scenario."

May i know the labour law rule number about above matter?

I am state govt. employee. I have taken EOL in continuation before my maternity leave. is any empact on my seniority? shall i loose my seniority? If not then, please let me know the rules and regulation about EOL effects on seniority

Thank you