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Pay protection from higher grade pay in psu to lower grade pay in central govt

(Querist) 06 November 2014 This query is : Resolved 
Hello,

I was working in a PSU and applied in Central govt Group A services post through proper channel in the same Grade pay of 5400-/-. Till the time I was selected to the post through UPSC via direct recruitment I got promoted in PSU and my grade pay had become 6600-/-. When I was relieved from PSU my salary was 17550+6600 and I joined central govt in the 15600-39100 pay band with grade pay of 5400-/-. Will my entire pay of (17550+6600) will be protected? If not at what stage my pay will be protected?
Sudhir Kumar, Advocate (Expert) 07 November 2014
Joining lower post after resigning higher post is not a transfer in public interests. Perhaps pay protection may not be tehre.

Rajendra K Goyal (Expert) 07 November 2014
PSU and Central Govt. have different scales. Whether in the Advertisement the fact of pay protection was mentioned ?
Mithelesh (Querist) 07 November 2014
The PSU was a State Public sector undertaking and the payscale adopted by the company was on the pattern of sixth pay commission. It was the prerogative of the PSU to adopt the sixth pay commission pay scale and the applicant was promoted in due course of selection by the UPSC. With reference to OM No. 12/3/2009-Pay-I dated 30.3.2010 by DOPT "In case of candidates working in Public Sector Undertakings, Universities, Semi-
Government Institutions or Autonomous Bodies, who are appointed as direct recruits on or after 1.1.2006 on selection through interview by a properly constituted agency including Departmental Authorities making recruitment directly, their initial pay may be fixed by granting them the Grade Pay attached to the post. Further, their pay in the Pay Band may be fixed at a stage so that the pay in the Pay Band +Grade Pay and DA as admissible in the government, protects the pay +DA already being drawn by them in their parent organisations. The pay in the Pay Band fixed under this formulation will not be fixed at a stage lower than Entry Pay in the Revised Pay Structure (corresponding to the Grade Pay applicable to the post) for direct recruits on or after 1.1.2006 as notified vide Section 11, Part A of First Schedule to CCS(RP) Rules, 2008. The pay in the Pay Band fixed under this formulation will not exceed Rs. 67000, the maximum of the Pay Band PB-4".

Also the salary to be protected is stated as pay+DA already being drawn by them in their parent organisations. Does the term pay used in the O.M dated 30.3.2010 has the same meaning as defined in FR and in Sixth pay commission.

regards
T. Kalaiselvan, Advocate (Expert) 10 November 2014
you may consult a local service law practicing advocate with complete details and get his opinion and advise on all further issues.


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