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Regarding pay protection/fixation after technical resignation

Querist : Anonymous (Querist) 21 September 2011 This query is : Resolved 
Respected Sir,
I “Vivek Kumar Sinha” have worked as an auditor in the O/o The Local Audit Office (Army), Bathinda Cantt., Punjab under the jurisdiction of Principal Controller of Defence Accounts (South Western Command), Khatipura Road, Jaipur with effect from 04.06.2008 to 19.04.10. At the time of joining my basic pay was Rs. 8560/-+2800/- GP. On 01.07.2009 I got my first increment of Rs 340/- and my basic pay became Rs. 8900/-+ 2800/- GP. Now my DNI was 01.07.2010.But on 19.04.10 AN, I have been relieved with proper permission to join as an auditor in the same scale in the office of The Principal Accountant General ( Civil & Commercial Audit), Madhya Pradesh, Gwalior. And now I have been working in my new office, i.e, office of The Principal Accountant General
( Civil & Commercial Audit), Madhya Pradesh, Gwalior as an auditor with effect from 20.4.2010 till date.
As I have been relieved with proper permission, my resignation was treated as ‘Technical Formality’ and my previous service have been counted now under rule 26(2) of CCS(Pension) Rules,1972 to regulate the consequential benefits in the matter of pay fixation, carry forward of leave, pension, etc.
Now I am eligible for pay fixation. Please provide the following informations:

(a) The last pay drawn by me in my previous service should be protected or not?
(b) If last pay drawn by me in my previous service is protected, weather it is absorbable in future increments or not?
(c) Am I eligible to get my next increment on 01.07.2010?
(d) What will be my pay on 01.07.2010 and 01.07.2011?

Would you please oblige me to answer my above-mentioned questions so that I may not face any sort of monetary loss? Eagerly waiting for your point wise and rule quoted kind reply. Thanking you in anticipation.

Guest (Expert) 21 September 2011
Dear Vivek,

Your question really makes me wonder, as being an auditor in one custodian of accounts and audit and having been transferred to the jurisdiction of another custodian of accounts and audit, who are responsible for audit of pay fixation in the Government offices, including that of the Accountants Generals, you have preferred to post such a question instead of asking for the same from any of the JAOs/ AAOs/ Accounts Officer of your office, where several qualified accounts personnel are posted.

Any way, in the situation described by you in your question, if your terminal benefits have been protected under the provisions of the CCS (Pension) Rules, your pay has also to be protected and regulated under the provisions of FR 22(I)(a)(2) read with Government of India's Order (2) & (4) below the said Rule, and the increments to be regulated under FR 26 with no loss to your pay last drawn or your right to draw increment on the anniversary of increment on which it falls due.
Ajay Bansal (Expert) 21 September 2011
See A.I.R. Manuals.
R.Ramachandran (Expert) 21 September 2011
Dear Mr. Ajay,
Let me again request you.
If you know the answer to the query, please give the answer.
Your one line answer "see A.I.R. Manuals" is of no use to anybody, much less to the querist.


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