Appointment
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October 31, 2012 at 3:16 pm #68018
Anonymous
InactiveHi ! Priti O Subhechcha sab bandhuder,
A para teacher has been recommended for appointment in Gr.D post in the same school.The incumbent wants to be in leave without pay for previous post by unwilling to tender resignation.Is it possible for M.C. to issue appointment without accepting the resignation from the post of para teacher as no lien can be sanctioned for PT.
Opine your suggestions along with relev.G.O.,if any.October 31, 2012 at 6:04 pm #75072InactiveIssuance of appointment letter is not a problem for MC at all. I think, the joining letter of the incumbent for Gr-D post cannot be accepted by MC if it is NOT accompanied by release order of the PT post. Since there is no provision of lien he cannot hold both the posts simultaneously. Para Teacher is a contractual job! He has to get relieved of duty of PT post and, report for duty to MC for Gr-D post.
Let other members say something!November 1, 2012 at 11:52 am #75078InactiveDear Donyi da,
Come to the point of ‘same school’ – willn’t it be more judicial for M.C. to direct the PT to place resignation letter while joining the Gr.D post.This direction should be noted in the Apptt.letter issuing resolution as the incumbent is under the same authority .
I want to know whether there is any means to join the new post (Gr.D) holding the previous post(PT) simultaneously without accepting financial benefit as PT.November 1, 2012 at 1:06 pm #75079InactiveWho is the appointing authority of “Para teacher” and “Gr. D post” in this case?
November 1, 2012 at 3:49 pm #75082Inactive….. willn’t it be more judicial for M.C. to direct the PT to place resignation letter while joining the Gr.D post.This direction should be noted in the Apptt. letter issuing resolution as the incumbent is under the same authority .
Friend,
I think, it does not matter whether or not both the posts are controlled by the same MC. An Appointment Letter is basically an OFFER of appointment which is intended to ATTRACT a prospective candidate so that he on being fully satisfied with the terms & conditions of NEW SERVICE accept the offer and start RENDERING his service in a department/ organisation etc. So, there is no scope for an Appointing Authority (here it is MC) to impose such conditions on the candidate which are related to his present service in any other post and/or which may create DISINTEREST in him or which may DISTRACT his mind. From my personal experience I can say that I have not seen any such conditions in an Appointment Letter. But, amongst other terms & conditions of new service there remains one important clause in the Offer of Appointment – possible grounds of termination of service in future. For example, unsatisfactory performance during probationary period, his inefficiency even after expiry of probationary period, becoming medically unfit for discharge of his duties, being found guilty of any intemperance and/or of any misconduct and/or of any breach of non-performance and/or of any of the provisions of his conduct with the employer and/or of any rules pertaining to the breach of service etc. Therefore it is binding upon the candidate to join the service with integrity and responsibility. That’s why, in the first step, he has to resign the present post and get relieved and, then only he will be eligible to take up appointment in new post.……
I want to know whether there is any means to join the new post (Gr.D) holding the previous post(PT) simultaneously without accepting financial benefit as PT.I think there is no possibility. It is possible only when there is provision to retain lien in the previous post from which he is relieved for new appointment. Pay has nothing to do here. His choice for discontinuance pay of PT post to draw pay of Gr-D post should never be a condition. This is obvious that an employee can not claim pay from both the posts in cases of govt./semi-govt./ govt. sponsored jobs.
November 1, 2012 at 4:03 pm #75083InactiveFriend,
a) In any post in an aided High School, the appointing authority is the Secretary. Even the Headmaster is appointed by the Secretary.
b) A service holder can in no circumstances be allowed to hold more than one post at a time — be it in the same institution or not — unless he gets the lien from the authority concerned.
c) As far my knowledge goes, the post of a Para Teacher is filled just on contractual basis, and there is no provision for allowing a LIEN to a PT.
d) Hence, he is not allowed to join the post of Group-D, while holding the post of PT. The question of getting or not getting any financial benefit will never arise for consideration.
e) Lastly, to be practical, why the employee should go into this complicated criss-cross !
Just shake your head and sit on a chair ”PERMANENTLY”.
Why to look back to a JOB OF ONE YEAR !
Good Luck.November 1, 2012 at 6:07 pm #75085Inactive1) Lien is sanctioned only for the permanent teaching and non-teaching. Temporarily appointed candidates are not allowed Lien.(G.O.No. 79-Edn(S) dt. 28/01/94.
2) Lien is availed only for promotional case i.e. school to another school/college, where educational experience is needed.
3) There is nothing about to an asstt. teacher who will be appointed as the headmaster in the same school ,in this order. But the govt.employees get this chance. ( Rule 19 W.B.S.R.-1)
4) There is no question to grant lien to a para teacher to appoint as Group D.
***FOR this Para teacher, the Secretary will issue an appointment letter to this para-teacher and then he should resign at first from his present post of para teacher and will join as Group D.
May be, the previous service will be count. Because, a para teacher will also serve upto 60 years of age. But there is no particular circular about it, I think.
Thank you.November 1, 2012 at 7:06 pm #75087InactiveMay be, the previous service will be count. Because, a para teacher will also serve upto 60 years of age. But there is no particular circular about it, I think.
Retirement age (60yr) is not the issue. Counting of past service for continuity of service benefits is allowed for regular appointment (both permanent and temporary) and not for adhoc or contractual appointment. Since, PT is a contractual job his past service in the post of PT shall not be counted if he joins the Gr-D post.
Thanks.November 2, 2012 at 11:07 am #75100InactiveThaks a lot to all .I express my gratitude to the highly lucid clarification put here.Again salute.
November 2, 2012 at 3:10 pm #75104InactiveDear donyi_polo,
I have understood the matter. So, I have written ” may be”. You will be surprised that, at the very beginning the school authority took interview ,select and offered appointment letter to the selected candidate. The school authority may renewed/not renewed the same after 1 year. But, now? They may serve as para-teacher upto 60 years of age.Then how we can recognize them as CONTRACTUAL teacher ? That was fact.
But,it is a very painful incident that when this para-teachers received their appointment letter from (???) authority, the authority did not inform to the school authority about it. I have not got anything from our competent authority about their(4 Para-teachers) duty, remuneration, class, superannuation etc. That I have known, everything from net or others. I ask to concerned CLRC (S.I.) about it. He said,”It ought to be done.” Neither the D.I. nor SSM has informed us about Para-teacher. So I have not maintained their Service Books, etc.etc. I have to sign their attendance register and only on 20 th day of every month I sign and attest this xeroxed page. They submit it to the S.I.(CLRC) and their salary deposited their own Account Number. There is no liability more of a head master.
So. in my sense,it may continue their service from their first appointment day. Actually,who is their appointing authority,I did not find and I have no interest about their service benefit and etc.etc. Although, there is no need the previous teaching experience to be a Gr. D.
Please don’t mind.
Thank you. -
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