Pay Protection in service

This query is : Resolved 
 

(Querist)
24 October 2018


I have joined an Autonomous Body under control of Central Govt. after rendering more than two decades service in BSNL(a CPSU), which was an erstwhile Central Government organization. Since mine was Technical Resignation accepted by both organizations and the pension scheme was prevalent in both my old and new organizations, benefits of my past service e.g. P.F, gratuity, leave encashment, pension amount etc. have been/are being transferred to my new organization.

However, though there is clear instructions for counting of seniority in past service in case of Technical Resignation, I have not been granted any Pay Protection owing to the following reasons:

1. I joined my new post in new organization without any demur protest in respect of Pay Protection.
2. The rule for Pay Protection is not applicable for transfer from CPSU to Autonomous Body under Central Government but is applicable only for transfer from CPSU to UPSC services.

I have the following questions:
1. Am I eligible for Pay Protection as per the Government Rules?
2. If yes,can I be deprived on the logic that I didn't claim the same during my interview/prior to my joining.
3. Since there is Service Transfer, can I encash my entire leave amount in BSNL and start afresh (in terms of leave) in my new organization?


Isaac Gabriel (Expert)
24 October 2018

In case of technical resignation, the service protection is entitled. But the pay, benefits etc., will be regulated in accordance with t he rules in t he new post.

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
24 October 2018

Your description lacks the most crucial background information based on which the opinion could be formed. Pay protection is nor permissible to anyone and everyone without fulfillment of the prescribed conditions.

However, replies to your generic type of academic queries are as follows:

1) Yes, eligible, provided you fulfill the requisite terms & conditions of pay protection.
2) Your question is irrelevant without mention of the fact, whether you applied for the post directly or through proper channel or not and what was the scale of pay of the your post in the BSNL and that in the new organization.
3) No.

DEB ARUN KUMAR (Querist)
24 October 2018

Thank you Dhingra Sir. Sorry for not mentioning the details as I assumed that the term 'Technical Resignation' will clarify all relevant queries.

However, in response to your queries I would like to confirm that yes, by all other criteria laid down in the relevant Govt. Orders, I am eligible for Pay Protection. I applied through proper channel and that's why my resignation was Technical Resignation, which was accepted by BSNL. I was selected through direct interview conducted by a Committee of my new organization. My new post is one level higher than that in BSNL and the pay scale in BSNL was E3. However owing to difference in IDA (in BSNL) and CDA (in new assignment), my (Basic+DA) in the new Autonomous Body was fixed much lower than the (Basic+DA) in BSNL as my Basic Pay in the new organization was fixed at the entry pay as applicable to a fresher.

As already mentioned in my main question, I would like to reiterate that I have been told that the Pay Protection is not applicable for shifting from CPSU to Central Autonomous Body but only from CPSU to UPSC. Further, since I have not asked for Pay Protection during my interview or prior to my joining, hence my request for Pay Protection cannot be considered at this stage.

Please let me know if any more information is required.

Dr J C Vashista (Expert)
25 October 2018

@ Deb Arun Kumar,
1. You are entitled for your "pay protection" in the given circumstances.
2. No, you can not be deprived of "pay protection" on the plea that you did not claim before joining.
3. Yes, leave encashment can be claimed.
However, you should consult a local prudent lawyer practicing service matters for issuance of demand notice, guidance and proper proceeding.

DEB ARUN KUMAR (Querist)
25 October 2018

Thank you Dr. Vashista

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
25 October 2018

Your new organization has simply misguided you, may be due to ignorance of rules and instructions on the issue. Your entitlements cannot be denied in the new organization merely due to lack of knowledge on their part. Your leave account, along with your service book is also required to be transferred to your new organization to regulate your leave in that organization.


DEB ARUN KUMAR (Querist)
25 October 2018

Thank you a lot Dhingra Sir

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
25 October 2018

You are welcome. ....

DEB ARUN KUMAR (Querist)
25 October 2018

Since my request for Pay Protection has already been rejected, how should I proceed now? Shall I go to CAT or move to High Court! Will I have to obtain permission for the same? How can I find a local prudent Lawyer in Kolkata...can you please guide me.

DEB ARUN KUMAR (Querist)
25 October 2018

I should have mentioned here that I am based in Kolkata



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