yashpal singh rajpurohit (inspector) 15 April 2015

Pay fixation in case of technical resigntion (same grade pay

Respected sirs,

I joined Central excise department as Inspector (Grade pay – 4600) at trichy (Coimbatore Zone) on 15.05.2012. I got my first increment on 1^st july 2013. In 2014 on reselection in the exam I again got selected for the same post but this time I got Ahmedabad Zone. My technical resignation was accepted by the competent authority on 28.02.2014. Thereafter I joined at Ahmedabad.

The question is whether my pay(one increment in the past service) will be protected and am I eligible for second increment on 1.07.2014 or my pay will remain as a fresh recruit.

My friends in other departments and even in my own department having similar case, are getting the above benefit.

But in my case the Pay & Accounts officer is not agreeing and asking under which rule you should get the above mentioned benefit and he has refused to give me second increment on 1.07.2014. Moreover he has also said that money will be recovered soon from those who have been availing this benefit.

We are a bunch of 5 employee from the latest batch who are suffering from this problem .
kindly reply whether I am eligible for second increment on 1.07.2014?

If yes, under which rule?

What are the legal options before us if they do not agree to give me second increment on 1.07.2014.

Thanking you in anticipation.

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3 Replies

Sudhir Kumar, Advocate (Advocate) 16 April 2015

have you consulted the your administration. what they said.

yashpal singh rajpurohit (inspector) 16 April 2015

The administration agrees to my point and in past years other employees have also availed the said benifit.

but the new Pay & Accounts officer doesn't agrees and is not convinced.

Fixation of Pay on appointment to another post not involving higher duties & responsibilities

Sub-clause (2) of FR 22 I deals with fixation of pay on appointment, from one post to another, when such an appointment does not involve assumption of higher duties and responsibilities. Pay is fixed at the same stage in the new-scale, as is being drawn in the earlier post on the date of such appointment. However, if there is no such stage in the new-scale, his pay will be fixed at the next higher stage. While in the earlier case his date of increment remains the same, in the latter case his date of next increment will be on the Ist of the month in which he completes 12 months of appointment to a new post.

doesn't this rule apply in my case?

T. Kalaiselvan, Advocate (Advocate) 24 April 2015

If yours was a technical resignation, the conditions and rules in that aspect will be applicable. Let your accounts officer give it in writing rejecting our claim under the provisions of law he relies upon, this may be taken up legally if found to be unjustified. You may be in touch with a service law practicing lawyer in the local for further issues.

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