Pay protection in ab and pro rata pension in cg
darli
(Querist) 11 March 2015
This query is : Resolved
I joined in an autonomous institution under Central Govt. on 10.10. 2012 as Private Secretary on technical resignation from Central Govt. para military force, CISF, after putting 20 years of service. I was in the pay scale of 9300-34800 + 4600 GP. In the new institution, the pay scale of the post advertised is the same pay scale of 9300-34800 + 4600 GP. It is worth to mention here that in the advertisement for the post of Private Secretary, there was a clause that “Candidates working in Government organizations in analogous/comparable positions or job functions of the advertised posts may be considered for pay protection etc. as per norms”. On joining, I have requested for pay protection and my pay was protected wef.10.10.2012 in the same stage what I was drawing in the Central Govt., while relieving me on technical resignation, as per rule FR 22(I)(a)(2).
However, subsequent to my joining in new Institution, my parent organization granted 2nd Financial up gradation under MACP fixation and my pay has been fixed in the scale 9300-34800 + 4800 GP wef.03.09.2012. Accordingly, I requested in the new office to protect my pay wef.10.10.2012. Though more than 5 months lapsed, the office is getting confused to grant me protection of pay as I have been sanctioned pro-rata pension as per CCS pension rules 1972 in the parent office. This Institution is utterly under new pension scheme and my service is not counted for the present service.
In view of the above, please clarify, whether I am eligible for pay protection in the new institute with Grade Pay, 4800. I will be very thankful if you could give a clear picture about my pay protection, and pension with DA etc.
Guest
(Expert) 11 March 2015
You can get benefit of past revised pay. Get revised LPC issued after fixation of your pay in your previous department with a copy endorsed to the autonomous institution. On that basis you would be able to get your pay protected, as your upgradation was prior to the date of joining the new organisation.
P. Venu
(Expert) 12 March 2015
What is the reason for granting pro-rata pension? Is the autonomous organisation also covered by CCS(Pension) Rules?
darli
(Querist) 12 March 2015
Thank you Dhingra sir and Goyal Sir.
I have already requested for pay protection enclosing the sanction order for MACP Financial upgradation, received from my previous office. my application kept pending since about six months. The office is still in doubt that both pay protection and pension can be given? please clarify.
2. Thank you venu sir also. Autonomous Institution is not covered under CCS(Pension) Reules. This Institution is started in the year 2008. It is adopted New pension scheme. I have completed 20 years service in Central Govt. Hence I applied for the pensionary benefits for which I got the sanction.
How I will convince my office? what rule should I produce?
P. Venu
(Expert) 12 March 2015
After 20 years service, what you are getting is not pro-rata pension, but full pension. Any how, it cannot be the case that you have joined the new organisation on technical resignation. As such, you cannot claim pay protection on this ground. In my considered but humble opinion. what you are entitled are the benefits available to a para-military personal on re-employment after retirement.
Guest
(Expert) 12 March 2015
Your new organisation does not have any concern with the sanction of your previous organisation and is not bound to take any action. I clearly suggested you to get LPC from the previous department showing last pay due and drawn based on your revised fixation of pay.
darli
(Querist) 13 March 2015
Thank you Venu Sir.
Since it is a case of tech. resignation, that office termed as pro-rata. I have applied through proper channel while in service and on selection through interview/Selection Committee duly constituted by the AB office, I submitted tech. resignation. I was on lien. Only after confirmation in AB, I have applied for pensionary benefits and I have been conveyed the sanction of the Hon'ble President for pensionary benefits. Please may note that my case is not a case of re-employment after retirement.
Thank you Dhingraji sir. I fully agree with Dhingraji sir. I have already received the LPC(Revised Final). I requested the office to protect my pay according to the revised pay. But my application is kept pending for six months without taking any action.
Guest
(Expert) 13 March 2015
Continue to issue reminders after the lapse of about 2/3 weeks for about two months and then issue legal notice.
darli
(Querist) 02 September 2015
Dear Dhingra Sir,
First of all, sorry for not writing little early.
I got my pay protection order on 19.06.15. but my pay scale(basic pay) protected not Grade Pay. Grade pay in the previous service was 4800/- Here it is 4600/-. pay fixed as 18680 + 4600 = 23280/- instead of 18480 + 4800 = 23280/-. My pay including the Grade pay is same, but difference in Grade pay. They says that the post advertised for Grade pay 4600/- only. Is it correct? Or is there any rule to get the same Grade pay?
Thanks
Darli
T. Kalaiselvan, Advocate
(Expert) 13 March 2015
