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Question Step Increment on Disapproved Appointment

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10 months 3 weeks ago #1350 by Richard Miguel
Richard Miguel created the topic: Step Increment on Disapproved Appointment
Good Day!

I would like to inquire on the correct treatment of the Step Increment due to length of Service of a personnel with a Disapproved Appointment, who was reverted to the previous position, but was reappointed to the same position which was previously disapproved 3 months and 15 days after the disapproved appointment became final.

CSC & DBM Joint Circular 1 s. 2012 states that "One(1) Step Increment Due to Length to Service shall be granted to qualified personnel for every three(3) years of continuous satisfactory service in the present position in the same agency may include the period/s rendered by an incumbent as follows.."

I also read from CSC Resolution No. 021564, that even a gap in service due to suspension which effectively interrupted the continuity of the three (3)-year service requirement for the grant of step increment only delayed the grant of Step Increment for the same period of the gap.

My query is the reckoning period for the Step Increment, should it start at the assumption to duty of the Disapproved Appointment or at the assumption to duty on the reappointment of the same position?

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10 months 3 weeks ago #1365 by Action Officer 16
Action Officer 16 replied the topic: Step Increment on Disapproved Appointment
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case.

Nonetheless, this Office would like to invite your attention to Section 115, Rule 23, Revised Rules on Administrative Cases in the Civil Service which provides, as follows:

"Section 115. Effect of Decision. - xxx

'In case of illegal termination, the employee shall be reinstated with payment of back salaries. In case of disapproval, invalidation, recall and revocation of appointments, the appointee shall be restored to his/her former position without loss of seniority rights."

Further, kindly call the Human Resource Policies and Standards Office at 951-4629.

Thank you.

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10 months 3 weeks ago #1366 by Action Officer 16
Action Officer 16 replied the topic: Step Increment on Disapproved Appointment
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case.

Nonetheless, this Office would like to invite your attention to Section 115, Rule 23, Revised Rules on Administrative Cases in the Civil Service which provides, as follows:

"Section 115. Effect of Decision. - xxx

'In case of illegal termination, the employee shall be reinstated with payment of back salaries. In case of disapproval, invalidation, recall and revocation of appointments, the appointee shall be restored to his/her former position without loss of seniority rights."

Further, kindly call the Human Resource Policies and Standards Office at 951-4629.

Thank you.

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