Pay protection
RP BHATT
(Querist) 10 June 2012
This query is : Resolved
Sir,
I am working in state Govt university as a pharmacist since last 21 years . presently in pay band 2(Rs 9300-34800 GP 4600) with basic Rs 14850 + 4600. now I have an opportunity to get new state govt job as a pharmacist in my home town.. in pay scale of Rs 5200-20200 GP 2800 which will be upgraded to pay band 2 after 2 years. I have applied for the post through proper channel. ..sir pl advised me if I will be selected .can I get benefit of my past service and pay protection .
Guest
(Expert) 10 June 2012
On posting at a lower scale, that means demotion. You can get benefit of your past service for the purpose of qualifying service for pension and other terminal benefits, provided you would have applied through proper channel and your resignation is treated as a technical resignation. However, on upgration after 2 years, if the the new scale happens to be the same, as of your present post, or higher than that, your pay in the higher scale will not be fixed lower than that you already have received on the present post.
Sudhir Kumar, Advocate
(Expert) 10 June 2012
you are joining on lower post. You can be treated at par with those employees who see compassionate posting to hometown out of their cadre on total loss of seniority and they alao get pay protection but you are joining on a post which is much lower from 4600 to 2800. The department may not be comfortable to apply this yardstick in your case.
Sudhir Kumar, Advocate
(Expert) 10 June 2012
Better optioon will be to get VR get full pension and gratuity of higher post and then jopin the lower post.
RP BHATT
(Querist) 10 June 2012
SIR
As per attached UP Govt GO pl advised me.confusion is that this GO is too old and that time there was no provision of grade pay......I want to move from university to state govt and as per this Go i may get benefit of pay protection.but how ..pl advised.
Guest
(Expert) 10 June 2012
Fundamental principles don't change even if pay structure is changed. Your pay scale at new post is also lower than that in the existing post, what to speak about grade pay. Moreover, grade pay also changes according to the change in pay scale.
RP BHATT
(Querist) 10 June 2012
Sir
I am working in uttarakhand state university. Now I want to join same post in uttarakhand state Govt .As per UP Govt GO dt 12 june 1998 if I will be select through state Govt selection commette my past salary will be protected.Adding of service period not clearly mentioned in GO but allow provision of pay fixation and protection. Sir in my case -----State Govt advertised post of pay scale in entry level 5200-20200 GP2800,which will be upgraded after 2 yrs of service in to 9300-34800 GP 4200.I have appllied this post through proper channel. Presently I am getting 9300-34800 and GP4600 (with basic 19970+4600) and I have completed my 21 yrs of pensionable service, my age is 40 yrs I have 20yrs more to work & get retirement and I also know if I will join new service there is no provision of pension.so in the light of all these facts I want to join new state govt;s job sir pl advise me
1- I am willing only for pay protecton not for adding past service as I have already completed qualified pensionable service if I will get (protect) my present basic salary and GP without adding service and at the time of retirement (after 20 yrs) my pension will be calculated according to that time’s basic pay+GP . am I right sir pl advise me..
2- ……..in case due to any reason if I will not get pay protection within some months can I move back to my old job. Is that any provision for such type of transition.. what type of resignation I should apply or should I apply for without pay leave …..(as I heared in my office there are no provision of without pay leave/ study leave for non teaching staff.)..
3—in other side ..i am elegible for new post according to qualification and age limit.if I will be selected can I resign my university service and get pension / fund etc and join new service at initial scale . ..but then I will have loss of 2500-3000 per month till 2 yrs . I have applied for new post through proper channel ..and my application has already being forwarded.
Sir pl advise me what will be better for me I will highly thankful to you….
RP BHATT
Guest
(Expert) 10 June 2012
Dear Mr. Bhat,
First of all, a post cannot be said to be even identical what to say of same post, if the minimum and maximum of the pay scale, rate of increment and grade pay, etc. are not same or identical. Better go through the definitions of same post and identical post by reading your State's Civil Services Rules.
2ndly, you cannot have a cake and two at a time. You want retirement pension of your old post and also enhanced pay at the new post. Pay protection is provided only on technical resignation, not after getting retired (may be voluntarily). If you get retired, your pay would rather get decreased by the elements of pension as well as pension equivalent of gratuity of the old post while fixing pay on your new post. So, better consider all the pros & cons before you switch over to the new post.
RP BHATT
(Querist) 10 June 2012
SIR
aapki baat samjh nahi pa raha hu...technical resignation kya hota hai..ise kaise liya jaata hai..
Guest
(Expert) 10 June 2012
If you apply for some post in some other Government department through proper channel, on selection when you submit resignation the same is treated as technical resignation, just to relieve you for the other department, so that you may not lose benefits of past service, if you are eligible according to rules.
Since you are trying to get solution merely on your own raw information and layman-like interpretation of rules and orders, it would be better for you to seek help of some service laws expert near your place by taking personal appointment and show the related documents to him to make you understand several other things relating to your problem so that you may not remain ultimate loser due to lack of proper knowledge and guidance. Experts here can answer your question based on what information you supply according to your own layman-like interpretation or mis-interpretation of the rules and instructions.
Guest
(Expert) 10 June 2012
If you apply for some post in some other Government department through proper channel, on selection when you submit resignation the same is treated as technical resignation, just to relieve you for the other department, so that you may not lose benefits of past service, if you are eligible according to rules.
Since you are trying to get solution merely on your own raw information and layman-like interpretation of rules and orders, it would be better for you to seek help of some service laws expert near your place by taking personal appointment and show the related documents to him to make you understand several other things relating to your problem so that you may not remain ultimate loser due to lack of proper knowledge and guidance. Experts here can answer your question based on what information you supply according to your own layman-like interpretation or mis-interpretation of the rules and instructions.
Shonee Kapoor
(Expert) 20 June 2012
Ld. Dhingra has given a valid advise on all queries raised by you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
