The consultation deals with the possibility of degree recognition for the performance of posts of the corresponding level for three years with interruption. Specifically, it is a question of analysing the degree to be consolidated by an official with consolidated grade 15, dated 29 March 2011, who goes on to hold from 3 March 2014 to 5 April 2017 a level 16 post in committee of services, which, a posteriori, returns to provide services in the post he had reserved level 15, from 7 April 2011 to 30 November 2017, and which on 1 December 2017 acquires a final level 16 post.

When dealing with the consolidation of the personal degree, the provisions of article 70 of the General Regulations for the Admission of Personnel to the Service of the General Administration of the State and for the Provision of Jobs and Professional Promotion of Civil Servants of the General Administration of the State, approved by Royal Decree 364/1995 of 10 March, must be complied with.

In particular, the second paragraph of that article states that the personal grade is acquired by the performance of one or more posts at the corresponding level for two continuous years or three with interruption. In addition, paragraph six states that, once the initial grade has been consolidated, the time spent in service will be computable in order to consolidate the grade corresponding to the position performed, provided that such post or another post of the same or higher level is definitively obtained.

According to the precept transcribed, in order for the time spent in committee of services to be taken into account for the purpose of consolidation of personal degree, the same or another position of equal or higher level must be obtained definitively and without solution of continuity to the termination of the committee of services.

As indicated, the only posts that result in personal grade consolidation are those that perform on a permanent basis. And in this same sense, the interruption of the consolidation of a personal degree, referred to in Article 70.2 of the Regulation, is only predictable in the cases in which the job is occupied definitively, without this figure being extensible, therefore, to cases of provisional performance such as the Service Commission.

From the points indicated by the consultant, the following data are extracted: the official, who has a final level 15 post and who would already have consolidated the personal level 15, moves on to a N 16 post in committee of services; he finishes his commission of services without obtaining that post or another of the same or similar level definitively and therefore returns to his N 15 post of origin.

Therefore, having not obtained the position of N 16, or another of the same or higher level definitively, the time in committee of services cannot be computed for the purpose of consolidation of personal degree.

Also, as already indicated, if the positions held in the Committee on Services, per se, do not generate degree consolidation, nor can the “interruption” be applied to this provisional performance time, which can only be used for the cases in which degree is being consolidated as a result of being in a permanent position.

Therefore, in application of the provisions of Article 70 of the Regulations, and in the light of the extremes indicated by the consultant, it is understood that the consolidation of personal grade 16 will occur when the two years of continuous performance of the post are reached, which in the case raised would occur on November 30, 2019, provided that, as indicated, there is no interruption in its performance.

All of the above is without prejudice to remember that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, do not have the character of a binding criterion, nor do they give rise to rights or expectations of law, nor do they imply any link with the type of procedures to which they refer. In addition, since they are not mandatory or binding, the bodies to which such replies are addressed may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The answers to queries contained in this bulletin deal with the issues raised in the light of the regulations in force at the time of their issuance, so that these answers may be affected by subsequent legislative changes or judicial resolutions.