Pay protection

Subhash Soni (Querist) 17 November 2024 This query is : Resolved
Sir
I joined IIT Indore as Jr Technical Superintendent (Level 6) however before joining IIT I was working in PSU of DoT , TCIL on IDA E4 (equivalent to level 11) due to some personal issues I applied through proper channel and provided NOC to IIT. I would like to ask whether I will get Pay Protection in IIT. I have already submitted the representation in this regard in IIT.

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An individual joined IIT Indore as a Junior Technical Superintendent after working at a PSU on a higher pay scale. They are seeking clarification on whether they will receive pay protection, as per government rules for technical resignations. While they have submitted a representation and believe their situation qualifies under Ministry of Finance OMs, there's a discussion about whether a PSU resignation with NOC constitutes a technical resignation. The individual was selected via direct recruitment and their pay was fixed at the minimum scale. They are prepared to pursue legal recourse if pay protection is denied.

T. Kalaiselvan, Advocate (Expert) 17 November 2024
If a government employee accepts a technical resignation and is appointed to another government post, their pay is protected as per the Ministry of Finance OM No. 3379-E. III (B)/65 dated June 17, 1965.
If the new post's pay is less than the employee's previous pay, they will receive the presumptive pay of their previous post.
The employee's joining time will be considered qualifying service for their new job.

Subhash Soni (Querist) 17 November 2024
Thank You Sir for your response, can you please clarify wiil the presumptive pay include the Basic+DA+HRA of previous post excluding any special perks being provided in my previous posts and how the joning time will affect the consideration for getting the presumptive pay.. as I joined immediatly after a month of serving the notice period in my previous organisation.

Sudhir Kumar, Advocate (Expert) 18 November 2024
when Basic is protected then all other element are protected.

P. Venu (Expert) 18 November 2024
To my knowledge and understanding, a PSU employee resigning his job and joining public service does not amount to be a case of technical resignation and is not a case covered by the extant instructions.

By the way, how you have been selected for the post? Has your pay been fixed at minimum of the pay scale?

Subhash Soni (Querist) 18 November 2024
Sir I was selected through direct recruitment. And my pay has been fixed at minimum of the pay scale where I joined at IIT

T. Kalaiselvan, Advocate (Expert) 18 November 2024
You will be eligible for pay protection if your resignation was technical resignation.

Subhash Soni (Querist) 18 November 2024
Will providing the NOC at time of interview as mentioned in the advertisement will be considered as technical resignation. IIT Indore has my original NOC.

T. Kalaiselvan, Advocate (Expert) 18 November 2024
I am afraid that the application for NOC for applying for direct recruitment without seeking technical resignation may be considered as the same or not.

Subhash Soni (Querist) 18 November 2024
Respected Sir, This OM clarifies on the technical resignation and I think this is the considerate order where I will be eligible for the pay protection.
https://doptcirculars.nic.in/OM/ViewOM.aspx?id=279&headid=14

T. Kalaiselvan, Advocate (Expert) 19 November 2024
Nothing prevents you from making a representation in writing asking for your privilege of pay protection from your current employer and submit it to the competent authority through proper channel.
If you are denied besides the law protects your rights then you can knock the doors of judiciary for justice.

Subhash Soni (Querist) 19 November 2024
Thanks Sir for your support and suggestions I agave already submitted the representation to the authorities and if they do not provide me the privilege I will certainly knock the doors of court.

Sudhir Kumar, Advocate (Expert) 18 December 2024
seems to be on right s path.

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