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Pay protection

(Querist) 10 May 2018 This query is : Resolved 
Respected experts, I have raised my query on the same subject two years back, but I did not apply for the same in black and white. I applied for the pay protection case but the response of the department is negative. My present department denied me straightforwardly for protecting my last basic with new grade pay. Before stating the ground of the denial, I would like to recall the pointed regarding my case:
1. I joined Kendriya Vidyalaya Sangathan , an autonomous body governed by HRD ministry of Central Government, as TGT on 24 Sept. 2007 with the basic pay of 12540 + 4600 GP.
2. Then in 2012, I applied for PGT in the Education Department , Haryana through proper channel and then joined the new department at Initial basic pay 12090 + 4800 GP on 18 June 2014 after tendering technical resignation from my parent department, whereas the last basic pay drawn by me from my parent department was 15890 + 4600 GP.
3. Then I applied for pay protection and my previous service count in March 2016, I have recently got the response of the department in negativity. I have been denied from the benefit of previous service count as well as of pay protection, stating that I joined the autonomous body when there was no old pension scheme, and similar case was rejected for pay protection.
First of all, you all learned members make it clear the fact whether my case does have valid potentiality or not to carry forward. Is there any similar example of pay protection case where the benefit to the employee has been granted, irrespective of the previous service count for the purpose of pensionary benefits? If my pay protection case would be considerable by any rule, please guide me in this regard. If not, then my next queries are as following:
1. Whether a department can deny the benefit of pay protection of an employee who have permanently merged from autonomous bodies of central government to the state goverment?
2. If this case requires legal proceeding, then how much extent it will be fruitful?
3. Or before adopting any legal proceeding, should I apply again for the same , seeking the clear reasons or norms /rules under which I have been deprived of my benefits?
Sir, please help me out with your precious guidance and appreciable advices.
Thanking you in anticipation.
Bhupender (Querist) 10 May 2018
Respected experts, I have raised my query on the same subject two years back, but I did not apply for the same in black and white. I applied for the pay protection case but the response of the department is negative. My present department denied me straightforwardly for protecting my last basic with new grade pay. Before stating the ground of the denial, I would like to recall the pointed regarding my case:
1. I joined Kendriya Vidyalaya Sangathan , an autonomous body governed by HRD ministry of Central Government, as TGT on 24 Sept. 2007 with the basic pay of 12540 + 4600 GP.
2. Then in 2012, I applied for PGT in the Education Department , Haryana through proper channel and then joined the new department at Initial basic pay 12090 + 4800 GP on 18 June 2014 after tendering technical resignation from my parent department, whereas the last basic pay drawn by me from my parent department was 15890 + 4600 GP.
3. Then I applied for pay protection and my previous service count in March 2016, I have recently got the response of the department in negativity. I have been denied from the benefit of previous service count as well as of pay protection, stating that I joined the autonomous body when there was no old pension scheme, and similar case was rejected for pay protection.
First of all, you all learned members make it clear the fact whether my case does have valid potentiality or not to carry forward. Is there any similar example of pay protection case where the benefit to the employee has been granted, irrespective of the previous service count for the purpose of pensionary benefits? If my pay protection case would be considerable by any rule, please guide me in this regard. If not, then my next queries are as following:
1. Whether a department can deny the benefit of pay protection of an employee who have permanently merged from autonomous bodies of central government to the state goverment?
2. If this case requires legal proceeding, then how much extent it will be fruitful?
3. Or before adopting any legal proceeding, should I apply again for the same , seeking the clear reasons or norms /rules under which I have been deprived of my benefits?
Sir, please help me out with your precious guidance and appreciable advices.
Thanking you in anticipation.
Guest (Expert) 10 May 2018
Subject to fulfillment of prescribed conditions, pay protection in the case of technical resignation is admissible, if applied for the job through proper channel. Answers to your 2nd and 3rd question depend solely on detailed examination of the correspondence exchanged with the employers along with the terms of appointment and the Ad based on which you applied for the job.
P. Venu (Expert) 10 May 2018
Kendriya Vidyalaya is a Central Autonomous Body and it stands in the same footing as a Central Government Department. If the State Government is providing pay protection to Central Government employees joining on technical resignation, there is justification in standing a different stand in the case of those from KV. Please examine the norms followed by the State Government or otherwise.
Ms.Usha Kapoor (Expert) 11 May 2018
I agree with Venu and Dhingra JI. Normally once a technical resignation is made and applied through proper channel pay protection comes into play.
Bhupender (Querist) 20 May 2018
Thanka lot Dhingra sir for your reply. Sir, would you please refer those prescribed conditions and norms under which an employee can get the benefit of counting previous service and pay protection
Bhupender (Querist) 20 May 2018
P. Venu sir, I feel regret to inform you that the State Government of Haryana has not yet notified any letter raising similar case.
Bhupender (Querist) 20 May 2018
Usha mam, But my new employer has rejected my request for the same.
Ms.Usha Kapoor (Expert) 23 May 2018
I stick to the same opinion as above.
Ms.Usha Kapoor (Expert) 23 May 2018
I stick to the same opinion as above.
P. Venu (Expert) 23 May 2018
What are the grounds on which your request was rejected?
Bhupender (Querist) 23 May 2018
P Venu mam, the ground is that I am appointed after 1-1-2004 , so , not under old pension rules for which past services can be counted and another reason is that my previous organisation was an autonomous body governed by ministry of HRD of Central Government.
Bhupender (Querist) 23 May 2018
P Venu mam, the ground is that I am appointed after 1-1-2004 , so , not under old pension rules for which past services can be counted and another reason is that my previous organisation was an autonomous body governed by ministry of HRD of Central Government.
Bhupender (Querist) 23 May 2018
Mam, please do one favour for me. Please make me aware of the terminal benefits I can receive in my case, if I go for legal preceedings.
Bhupender (Querist) 23 May 2018
Mam, please do one more favour for me. Please make me aware of the terminal benefits I can receive in my case, if I go for legal preceedings.
Ms.Usha Kapoor (Expert) 24 May 2018
I stick to the same opinion as above.


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