Pay protection in contract to permanent job
Querist :
Anonymous
(Querist) 16 April 2018
This query is : Resolved
Sir,
I joined Delhi Gov as doctor in 2009 on annualy renewable contract. I was on contract till 2015. i was regularly getting annual increments and pay scale. During my contract job i got selected through UPSC and i gave a technical resignation in same hospital same post .
But on joining through UPSC as Specialist on same post, my pay was started again from basic start. So, I lost all the increments.
I gave a representation for pay protection 3 months after joining.One representation i have given recently.
At the same time some doctors were not selected on regular basis and continued on contract. Their pay remained higher than me with all increments.
After 7th pay commission my pay is approx 20k less than those on contract.
My question is - 1) Am I eligible for pay protection?
2) How can those who joined with me , but did not get regular , get more pay than me?
Kindly guide, I will be thankful to you.
Regards
Ms.Usha Kapoor
(Expert) 17 April 2018
I opine that you technically resigned the previous(same post) post and got selected through UPSC for same post but again starting from basic pay without increments of your previous post and you sought permission before sitting for UPSC exam after selection technically resigned your previous post, your pay is-protected and y0u are bound to get full pay as before with 3 increments etc. as you applied through proper channel.File a Writ in Highcourt seeking directions to your employer to consider your candidature for pay protection as before(prior to selection by the UPPSC)Contact a good service lawyer.
In a recent Judgment the Apex court also ruled that contract employees are entitled to receive pay or wages on par with regular employees thus equating contract employees and regular employees.
Guest
(Expert) 17 April 2018
You want help, there is no secrecy or ingenuineness in your requirement, but you posted your query as an anonymous person. Can you mention any specific reason on account of which you kept yourself as anonymous in a bid to hide yourself?
Querist :
Anonymous
(Querist) 17 April 2018
Thanks for all who are giving their opinion.Sorry sir, no specific reason for being annonymous. My representation is approx 2.5 years old.
Dr J C Vashista
(Expert) 17 April 2018
If you are seeking obligation from experts FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for an "anonymous" author.
Querist :
Anonymous
(Querist) 17 April 2018
Sorry sir, this is dr sanjivini gupta
P. Venu
(Expert) 18 April 2018
Generally, UPSC recommends additional increments at the time of appointment taking into account the salary received by candidate at the time of selection.
You had represented more than 2 years. You ought to have followed it up or sought judicial review. Perhaps, it would be a better course if you submit an Appeal/Revision in terms of the provisions of the CCS(CCA) Rules.
Guest
(Expert) 18 April 2018
Technical resignation on a contractual job seems to be a case of misunderstanding, even if accepted by the previous employer. However, any specific opinion dep[ends upon detailed examination of terms of contract appointment, acceptance letter of technical resignation terms of appointment of the present post, including the contents of the UPSC Ad for the job.
