128. Condonation of interruption in service Footnote : 1. Substituted by G.I., D.P. & A.R. Notification No. 6 (1), Pen. (A)/79, dated the 19th May, 1980.
(a) In the absence of a specific indication to the contrary in the service book, an interruption between two spells of civil service rendered by a Government servant under Government including civil service rendered and paid out of Defence Services Estimates or Railway Estimates shall be treated as automatically condoned and the pre-interruption service treated as qualifying service.
(b) Nothing in Clause (a) shall apply to interruption caused by resignation, dismissal or removal from service or for participation in a strike.
(c) The period of interruption referred to in Clause (a) shall not count as qualifying service. GOVERNMENT OF INDIA'S DECISIONS
(1) Opportunity of representation to be given to Government servant before making entry in service book regarding forfeiture of past service. - FR 17-A provides that a period of an unauthorized absence, in the category of cases mentioned therein, shall be deemed to cause an interruption or break in the service off the employee, unless otherwise decided by the competent authority for certain purposes. An order passed by the P & T authorities in the case of some of their employees invoking FR 17-A was struck down by the Lucknow Bench of Allahabad High Court on the ground that issue of such an order without giving a reasonable opportunity of representation and being heard in person, if so desired, to the person concerned, would be against the principle of natural justice. In this Department's OM of even number, dated 20/23-5-1985 [Order No.(2) below ], it was accordingly brought to the notice of all Ministries/Departments that an order under FR 17-A, etc., should be preceded by extending to the person concerned a reasonable opportunity of representation and being heard in person, if so desired by him/her. 2. The Committee on Subordinate Legislation of Rajya Sabha which examined the provision of Rule 28 of the CCS (Pension) Rules, 1972, has recommended that opportunity of representation should be given to the Government employee before making entry in the Service Book regarding forfeiture of past service because of his participation in strike. While giving evidence before it, the Committee has been assured that the provisions of this Department's OM of even number, dated 20/23-5-1985, will be strictly adhered to in each and every case falling within the scope of Clause (b) of Rule 28 of the CCS (Pension) Rules, 1972. 3. These instructions are, therefore, brought to the notice of the various Ministries/Departments of the Government of India for careful compliance. [G.I., Dept. of Per. & Trg., O.M. No. 33011/2(S)/84-Estt. (B), dated the 10th March, 1988.]
(2) Reasonable opportunity to be given before invoking the penal provision. – FR 17-A provides that a period of an unauthorized absence, in the category of cases mentioned therein, shall be deemed to cause an interruption or break in the service of the employees, unless otherwise decided by the competent authority for certain purposes. An order passed by the P & T authorities in the case of some of their employees, invoking FR 17-A was struck down by the Lucknow Bench of Allahabad High Court on the ground that issue of such an order without giving a reasonable opportunity of representation and being heard in person, if so desired, to the person concerned, would be against the principle of natural justice. The question of amending FR 17-A as also Rule 28 of the CCS (Pension) Rules and SR 200 is under consideration in consultation with the Ministry of Law. 2. The above position is brought to the notice of all Ministries/Departments so that if there are occasions for invoking FR 17-A, etc., they may keep in mind the procedural requirement that an order under FR 17-A, etc., should be preceded by extending to the person concerned a reasonable opportunity of representation and being heard in person if so desired by him/her. [ G.I. Dept. of Per. & Trg. OM No. 33011/2 (S)/84-Estt. (B), dated the 20th/23rd May, 1985]. The Committee on Subordinate Legislation of Rajya Sabha which examined the provision of Rule 28 of the CCS (Pension) Rules, 1972, has recommended that opportunity of representation should be given to the Government employee before making entry in the Service Book regarding forfeiture of past service because of his participation in strike. While giving evidence before it, the Committee has been assured that the provisions of the above order will be strictly adhered to in each and every case falling within the scope of Clause (b) of Rule 28 of the CCS (Pension) Rules, 1972. These instructions are, therefore, brought to the notice of the various Ministries/Departments of the Government of India for careful compliance. [G.I. Dept. of Per. & Trg. OM No.33011/2/ (S)/84-Estt. (B), dated the 10th March, 1988.]