Pay protection
DEB ARUN KUMAR
(Querist) 27 May 2014
This query is : Resolved
Sir,
I was in service in a Govt. of India Enterprise i.e CPSU in the grade of E3 with last basic pay of Rs.34000/- and DA @90.5% i.e Rs. 32462/- in February 2014. I applied through proper channel for a post in an Autonomous body under Central Govt. and obtained due permission for the interview. On direct selection through interview (consisting of departmental authority), I was offered appointment and my Technical Resignation was accepted by the CPSU. Subsequently, I joined the new assignment two months back,in the pay scale Rs.15600-39100/-, with Basic pay Rs.18750/- & Grade Pay Rs.6600/- alongwith DA @100%.
Now, my last (Basic + DA) in the CPSU was Rs.68332/-, but my Basic Pay + G.P + DA in the new assignment is Rs.50700/- only. As per Govt. of India's orders issued by DOPT, I am eligible for Pay Protection. But my new organisation is not willing to allow pay protection to me. Can they deny me the same, when clear Govt. instructions are there? Please help me by answering the same.
Regards...A.D
P. Venu
(Expert) 28 May 2014
Were you selected through UPSC?
Rajendra K Goyal
(Expert) 28 May 2014
Most of autonomous bodies have their own service rules which are not ditto of Central Government. Whether the pay protection clause exist in the service conditions of new concern? Whether the advertisement for post mentioned some condition in this regard ?
You should claim your pay protection in new concern in writing.
DEB ARUN KUMAR
(Querist) 28 May 2014
@Mr. Sudhir Kumar:- Sir, initially there was a primary discussion in this regard, before my joining, which was not agreed. However, while conveying my acceptance of the appointment offer, I requested to fix my pay at a higher grade (even subsequent to my joining).I am going to apply/represent for this within within 2-3 days.
@Mr. P. Venu:- Sir, it was not through UPSC but it was through an advertisement published in an all India newspaper and subsequent interview.
@Rajendra K Goyal:- Sir, perhaps the Pay Protection clause is not existing in the service rules. It was also not mentioned in the advertisement for the post (usually I haven't ever seen such things being mentioned in an advt.). However,it was mentioned in my appointment letter that I will be governed by the service regulations of the organization, applicable central civil rules,applicable fundamental rules, Govt. of India orders issue d from time to time approved by the Board of Governors of the organization.
Anyway, I am going to represent in writing very shortly.
Surrender K Singal
(Expert) 28 May 2014
Does any of the applicable CCR / FR / GoI orders (approved by BoG) provide for protection ? In such event, can you afford approaching CAT after your representation to CPSU is decided
Surrender K Singal
(Expert) 28 May 2014
That is clear; Aggrieved has to exhaust normal avenues before bothering CAT
Rajendra K Goyal
(Expert) 28 May 2014
It seems that central government service conditions are applicable only when approved by the Board of Governors of the organization. If such approval is not there, the claim for pay protection may be in trouble.
You should represent and get the position clarified.
P. Venu
(Expert) 28 May 2014
Your pay is required to be protected in terms of Government of India Decision No. 27 under FR 22. You may represent.
DEB ARUN KUMAR
(Querist) 29 May 2014
@Mr. P.Venu:- Sir, can u please e-mail me a copy of the said 'Decision No.27 under FR22'? I shall remain grateful to u...
T. Kalaiselvan, Advocate
(Expert) 30 May 2014
There is a proviso to clause (b) of FR 22(I). It enables counting previous service in the same or identical time scale.
FR 27 vests powers with the competent authority to fix the pay of a Government servant at a stage higher than admissible under the provision of FR 22 by granting premature increments.
FR 22-B(I) applies to persons who are already in Govt. service at the time of their direct recruitment to another service as 'probationers'. The pay of such Probationers will be regulated as under:-
He will draw pay at the minimum of the time scale or at the probationary stage of the time stale.
If he holds a lien or a suspended lien on any permanent post under Govt. and if and when his presumptive pay in respect of such post is more than the pay admissible under (i) above, he will draw such presumptive pay.
On confirmation in the post, after the expiry of probation, he will have his pay fixed under FR 22(I).
However, if he was holding the previous post in a temporary capacity, his pay will not be fixed under FR 22(I), but he will continue to draw the pay in the time scale of the new post.
Thus,you are eligible to represent on the above lines.
Surrender K Singal
(Expert) 31 May 2014
Representation is the first avenue, whicyou have to consider carefully if you feel you can afford to annoy your new employer and you have any lien on your previous posting too
DEB ARUN KUMAR
(Querist) 31 May 2014
@Surrender K Singhal:-Right Sir,,,I am also considering the same point of annoying my new employer. I have joined on technical resignation and donot have any lien in my earlier organization. Moreover, in my new organization, I have a probation period of 2 years. I am thinking of writing a very polite representation. Can this be done?
Sudhir Kumar, Advocate
(Expert) 01 June 2014
Howsoever polite the representation may be you have to put 2+2=4.
You have to categorically state the administration is wrong.
Your probation may be dependent upon the performance report given by your controlling authorities and administration (also called HR) may be having not much discretion in this regard.
SO if you do not want to annoy administration then bear injustice.
Surrender K Singal
(Expert) 02 June 2014
Polite representation seeking compassionate consideration on protection of last Pay may be a good choice under the circumstances as you have no choice but to continue atleast till probation; Such representation may be helpful after confirmation when you can affirm your claim in a better way without any risk of annoying your senior collegues
P. Venu
(Expert) 02 June 2014
The queriest is a public servant. His employer is the Government and the pay and service conditions are governed by statutory rules. The person who happens to be his superior officer is not the employer. And no superior officer need be annoyed if a subordinate official makes representation on a genuine grievance.
Sudhir Kumar, Advocate
(Expert) 02 June 2014
Mr Venu elaborated what I said..
any representation howsoever polite it may be it is bound to annoy the dealing clerk and SO in HR.
If he keeps quite then he may loose ground.
Surrender K Singal
(Expert) 03 June 2014
So, a polite representation be submitted duly acknoledged without pressing for response
Sudhir Kumar, Advocate
(Expert) 03 June 2014
even in the polite representation he has to bring out that decision of HR is wrong and illegal.
