Pay protection - technical resignation from govt. to join another service in govt.
Babu
(Querist) 26 April 2012
This query is : Resolved
Sir,
I was working in Indian Railway Engineering Service.I got Senior Time Scale in that service. After 4 years of experience in that service, I submitted technical resignation for joining Indian Revenue Service.
I wish to apply for pay protection in my present service.
What are the necessary documents, i should produce for getting pay protection?
if I get pay protection, how much time the increased pay will be given?
i request the experts to give their valuable opinion for which i will be thankful to them.
regards
babu
Sudhir Kumar, Advocate
(Expert) 26 April 2012
No document needed.
Let your service book come from railways to new deptt.
Raj Kumar Makkad
(Expert) 26 April 2012
Pay protection means enhanced starting of salary compared to the similarly situated other employees of the new department who had been given direct appointments. You shall get such salary till your whole service. Once fixed shall run accordingly had it been in your original department.
Babu
(Querist) 27 April 2012
@ Raj kumar sir
thank you sir for your prompt reply. your opinion appears to be logically correct. however, my friend joined Railway engg. service after having 3 years of experience in indian ordnance factory service. he did get pay protection in railways, but he did not get his regular increments till the pay of his batchmates reached his protected pay. In a nut shell, he got his pay protected for the 3 years in new service.
however, One of my friend in DRDO is saying exactly what you said, citing examples in DRDO.
when DOPT rules and policy is same, why this anomaly is there?
are there any department wise variations to this policy?
kindly give your opinion on these queries
regards
babu
Guest
(Expert) 27 April 2012
Dear Babu,
Depends upon several criteria, e.g., the new post being of comparatively higher or lower responsibility, your old scale and new scale, and also the maximum of the new scale not exceeding your basic pay in the old post.
Any rule for protection of pay does not provide for waiting for the other batch mates to reach that stage of the person whose pay has been protected. Rather rules provide grant of personal pay to be absorbed in future increments if the incumbent was drawing basic pay, which stage does not happen in the new scale of pay. The personal pay is thus absorbed when on earning one or more increments in future when the stage of basic pay goes beyond the fixed basic pay+personal pay of the incumbent.
Babu
(Querist) 28 April 2012
Dear Dhingra Sir,
Thank you for your kind reply and excuse me for my ignorance regarding personal pay etc.
Sir, I found from your reply and raj kumar sir's reply that if a person gets pay protection till the end of the pay scale (like shri raj kumar sir said) he will get more benefit than if gets pay protection under personal pay( since it is for only limited period).
Sir, is there any consistency in rules that when a person will be given pay protection in these two different manners? or it depends on the discretion of competent authority granting pay protection?
Sir, in my case, my previous job was also Central Govt. Group A service selected through UPSC in pay scale of 15600 - 39100.
In my previous service my grade pay was increased from initial 5400 to 6600 due to one promotion i got, and also i got 4 increments.
My present service also a Central Govt. Group A service selected through UPSC in the same pay scale of 15600-39100..
Sir, in this background, which type of pay protection i shall get i.e., upto end of pay scale or with personal pay for 4 years..
kindly give your valuable opinion Sir,
with regards,
Babu
Guest
(Expert) 28 April 2012
Dear Babu,
By now you could have realised that any answer to a query, if it is of general nature, would not be sufficient to solve the problem of the querist. Even now, you have omitted mention of grade pay loang with pay scale in the new organisation.
However, if your grade pay is also the same as you are drawing in the present scale you would get the same basic salary, as a protected pay, in the new organisation also. Your increment date would also remain the same. Your present service would be treated in continuation of your past service for all the benefits of service for you.
Babu
(Querist) 29 April 2012
Dear Dhingra Sir,
Thank you for your kine and patient reply sir,
Sir, my present pay scale is 15600 -39100, i'm drawing 15600 basic + 5400 Grade Pay.
Sir, I've checked my previous Pay Slips etc.
I was drawing a basic of 19720+ 6600 Grade Pay. i.e., I got 6 increments and one promotion in my previous organization.
In light of these facts, kindly elucidate whether I will be getting pay protection till my pay reaches top of the pay scale
or i will be getting my pay protected by way of personal pay till i am due for the 6 increments during course of my present service.
Sir, based on your reply, i hope I will be able to pursue the matter with the department accordingly and decide whether to avail legal recourse available or not.
Thanks a lot, Sir for guiding common people like me..
regards,
Babu
Guest
(Expert) 29 April 2012
Dear Babu,
I would like to advise you that whenever you post some question, must try to recheck whether your information is complete in all respects or not, as you usually miss to include some important information. In the present post while you have made a mention of basic pay and grade pay, but forgot to intimate in which scale you were drawing BP of Rs.19720+6600 Grade Pay. Had you even mentioned the rate of increment, I could know what was the pay scale. However, lower grade pay on the present post indicates as if you have been posted on a post with lower responsibility.
Babu
(Querist) 30 April 2012
Dear Dhingra Sir,
Thank you again for your kind reply,
i curse my self for my lack of experience in these matters, due to which i was unable to give required info in the first instance.
sir, my date of joining previous service is 11.12.06, date of annual increment is 1st july and percentage increment is 3%. Pay Scale is 15600 - 39100.
date of promotion to senior scale with GP 6600 is 11.12.2010.
My date of technical resignation for previous post is 25.08.2011, and date of joining new service is 29.08.2011.
Your earlier inference is correct Sir, I joined in a post with lower responsibility i.e., Junior scale post. Pay Scale is same 15600 - 39100. However, presently drawing GP is 5400 and at a basic 15600.
Sir, kindly clarify my query whether, I will be getting pay protection till my pay reaches top of the pay scale
or i will be getting my pay protected by way of personal pay till i am due for the same no. of increments i got in my previous service.
thank you, Sir
regards
Babu
Guest
(Expert) 30 April 2012
Not the top of the scale, but till your basic pay+the difference in GP is covered by your future increments. If you have any more query, you may better send complete detail in one go through email so that I may not feel the need of any more clarification from you.
Babu
(Querist) 30 April 2012
Dear Dhingra Sir,
Thank you very much for your kind clarification.
regards,
Babu
