pay protection
Querist :
Anonymous
(Querist) 12 October 2010
This query is : Resolved
Dear sir
i am working in powergrid as an assistant engineer since last four years on fixed tenaure of five years in the scale of 20600-46500.Right now my basic is 22520 with three increments.Recently i got selected for the same post as a permanent employee.the recruitment was directly interview based for experienced condidates.Now will i get the pay protection or not i.e. weather my basic will be 20600 or 22520.
Rakesh kumar
R.Ramachandran
(Expert) 12 October 2010
Dear Mr. Rakesh,
Please confirm whether my understanding is correct.
First you joined the Powergrid corporation on contract basis for 5 years as Assistant Engineer in the scale of Rs. 20600-46500 and earned increment to reach the stage of 22520.
Subsequently, when PowerGrid selected candidates through direct recruitment (by publishing in newspaper etc.) you applied for the same and was selected on permanent basis to the post of Assistant engineer in the scale of Rs. 20600-46500.
Now you want to know whether you will start from Rs. 20600/- or your earlier pay of Rs. 22520/- would be protected.
Normally, the contract and the current permanent appointment have no relation whatsoever. As per the rules, you will be fixed only at the minimum of the scale i.e. at Rs. 20600/- (you will not get the pay protection to the stage of Rs. 22520/-). However, if Powergrid has any other policy then you will get the pay protection - otherwise NOT.
[keep in mind if you have not been selected on permanent basis, your contract term would have ended within another 2 years and thereafter there would not have been any pay receivable by you; leave alone getting any pay protection. If you could calmly think in these terms, you will agree that the contract employment as Assistant Engineer is completely different and permanent employment as A.E. is totally different - it just happened that you happened to work as Assistant Engineer both as contract employee and also as Permanent Employee.]
s.subramanian
(Expert) 12 October 2010
I agree with Mr.Ramachandran.
Parthasarathi Loganathan
(Expert) 12 October 2010
I beg to differ in this matter. The author would surely get pay protection. In any government service, even after 20 years one is branded as Temporary only where these age old Rules were framed during the British period.
R.Ramachandran
(Expert) 12 October 2010
Dear Mr. Partha (I hope I can address you like this), of all the persons, I did not expect this reply from you. It is not the question of a person working on temporary basis getting permanancy. But a person working on contract basis for a fixed tenure, applies for direct recruitment for the same post and getting selected afresh. But for his recruitment, his contractual engagement would have come to an end within another 2 years. So for all practical purposes, it is his first regular appointment. So please do not go by the concept of temporary / permanent employment. If he was a temporary employee, then he would have got the pay protection. He was not an employee of the organization in the first place. That is the crux.
Parthasarathi Loganathan
(Expert) 13 October 2010
Agreed on legal context which is very hypothetical. Practically, I have seen it all the seven organisations I have worked (Govt of India, Railways, Government of TamilNadu, C & AG India, Banks,etc)wherein under similar circumstances even when the employee was not in its temporary or permanent rolls gained pay protection on the basis of past services rendered to the organisation. Many Unions have successfully contested in such cases.
Querist :
Anonymous
(Querist) 13 October 2010
thank you Mr. R. Ramchandaran and Mr. Parthasarathi.
aman kumar
(Expert) 13 October 2010
YES YOU CAN GIVE APPLICATION FOR PAY PROCTACTION
