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State of West Bengal - Section

Section 32 in West Bengal Municipal (Employees' Service) Rules, 2010

32. Conditions for counting service for increment

.— Service counting for increments in time-scale shall be regulated by the following conditions :
(a)all duty in a post on a time-scale count for increments in that time-scale;
Note : Subject to any conditions that may be imposed by rule for any service or post, service as a probationer counts as duty so far as may concern the drawing of increments preceding the increments admissible on confirmation, except that in the case of probationer, no inclement shall be drawn during any period by which a period of probation is extended;
(b)service in another post, whether in a substantive or officiating capacity, service on deputation and leave other than extra-ordinary leave count for increments in the time-scale applicable to the post on which the employee holds a lien as well as in the time-scale applicable to the post or posts, if any, on which he would hold a lien had his lien not been suspended;
(c)all leave other than extra-ordinary leave shall count for increment in the time scale applicable to a post in which an employee was officiating and would but for his proceeding on leave have continued to officiate at the time when he proceeded on leave so, however, that the period of leave counting for such increment shall, in no case, extend beyond the end of the period during which the employee would have actually officiated in the post if he had not proceeded on leave;
(d)in the case of an employee who has lien on a permanent post, joining time following leave shall also count for increment in the scale attached to the post in which the employee was officiating at the time of proceeding on leave arid would have continued to officiate but for his proceeding on leave subject to the condition that the leave Pius joining time does not exceed six months;
Note 1 : In each case tailing under clause (c) or under clause (d) the appointing authority shall at the time of sanctioning the leave or as soon thereafter as possible and in any case not later than three months after the return from leave of the employee concerned, record a certificate to the effect that the employee would have actually continued to officiate in the post but for his proceeding on leave for the period from.............................. to........................ and that the period of leave will count for increment only to the extent it is covered by the certificate. Relaxation, if any, made to this principle snail in the case of employee belonging to any Category other than Category "A" be recorded in their Service Books under proper attestation with full facts justifying the relaxation.Note 2 : Relaxation of this principle can be made in fit cases by the appointing authority.Note 3 : In the case of an employee proceeding on leave, where no officiating arrangement is made in the leave vacancy and the employee is likely to return to the same post after leave, the certificate that he would have actually continued to officiate in the post but for his proceeding on leave may be issued by the leave sanctioning authority.
(e)if an employee, while officiating in a post or holding a temporary post on time-scale of pay, is appointed to officiate in a higher post or to hold a higher temporary post, his officiating on temporary service in the higher post shall, if he is re-appointed to the lower post, count for increments in the time-scale applicable to such lower post. The period of officiating service in the higher post, which counts for increments in the lower post, is, however, restricted to the period during which the employee would have officiated in the lower post but for his appointment to the higher post.
Note : This clause is also applicable to an employee who is not actually officiating in the lower post at the time of his appointment to the higher post but would have so officiated had he not been appointed to the higher post.
(f)Foreign Service counts for increments in the time-scale applicable to :
(i)the post in the Municipal Services on which the employee concerned holds a lien as well as the post or posts, if any, on which he would hold a lien had his lien not been suspended, and
(ii)any post to which he may receive officiating promotion for the duration of such promotion.
Note : In the case of an employee having no lien or suspended lien on a permanent post, foreign service shall also count for increment in a temporary post held by him immediately before deputation, provided his deputation on foreign service was not on his own seeking and it is certified by the appointing authority that but for the deputation he would have continued to officiate in that post.
(g)extra-ordinary leave does not count for increments but the Local Body may, in any case where they are satisfied that leave was taken on account of illness or for any other cause beyond the employees' control, direct, subject to approval of the State Government, that the whole or any portion of such leave shall count for increments under clause (b) or clause (c) above;
(h)a period to overstayal of leave does not count towards increments.
Note 1 : In the case of an employee who while officiating in a post proceeds on duty as defined in sub-clause (d) of clause (10) of rule 4, the period of such duty will count far increment in the post in which he was officiating prior to so proceeding.Note 2 : Although joining time is treated as duty under sub-clause (b) of clause (10) of rule 4, it cannot, except in cases mentioned in clause (d) of this rule, be treated as duty for the purpose of increment in an officiating post in as much as only leave salary is drawn for the period.Note 3 : Maternity leave granted to female employees in temporary employment under these rules will count for increments in the post in which the employee was officiating at the time of proceeding on such leave provided it is certified by the appointing authority that the employee concerned would have continued to officiate in the post but for proceeding on such leave.