Technical resignation and pay protection
KULDIP RAI
(Querist) 15 April 2016
This query is : Resolved
I cleared written examination and appeared in interview for Inspector of Central Excise on 01.03.1988 but declared UNSUCCESSFUL in the final result declared by SSC in 1988 only. Thereafter, in October, 1988, I joined as Sub-Inspector in CBI. Since the selection process for the post of Inspector of Central Excise had already been over and concluded, there was no point or requirement for me to inform about the same at the time of joining in CBI. However, in October, 1989, I got an appointment letter for the post of Inspector of Central Excise as a result of special drive launched by the Govt to fill up the back log vacancies of SC/ST candidates and I was selected based upon my performance in the written exam and interview conducted on 01.03.1988, by lowering the eligibility marks. Though the pay scale for both the posts was same i.e. Rs.1640 - 2900, however, since the Central Excise post (Inspector) was higher, I decided to resign from CBI (Sub-Inspector) mentioning all the details as narrated above. During my tenure in CBI, I had also earned an annual increment. My resignation was accepted in December, 1989 and I joined as Inspector in Central Excise in December, 1989 itself and before joining the Central Excise, I had informed Central Excise department that I had been serving in CBI and would join Central Excise only after resigning therefrom. However, I was not given the benefit of pay protection and service rendered in CBI. In view of the above eventuality, kindly clarify i) whether the benefit of pay protection etc is admissible to me?; ii) was it not for the department to extend me all benefits available to me when all the facts had already been brought in the notice of the Central Excise department even before my joining or was it for me to lodge separate claim for these benefits?; iii) whether there is any time limit for claiming these benefit and iv) whether I am also eligible for interest in case I am given the financial benefit of pay protection. If possible kindly arrange to give some case law citation which covers the identical issue.
P. Venu
(Expert) 15 April 2016
Have you made any representation? If so, what was the outcome?
Sudhir Kumar, Advocate
(Expert) 16 April 2016
i) whether the benefit of pay protection etc is admissible to me?;
YES
Sudhir Kumar, Advocate
(Expert) 16 April 2016
ii) was it not for the department to extend me all benefits available to me when all the facts had already been brought in the notice of the Central Excise department even before my joining or was it for me to lodge separate claim for these benefits?;
NOT UNDERSTOOD WHAT DO YOU MEAN.
Sudhir Kumar, Advocate
(Expert) 16 April 2016
iii) whether there is any time limit for claiming these benefit and
IF NO CASE IS FILED WITHIN ONE YER OF THE REJECTION OF GRIEVANCE THEN DOORS OF CAT WILL BE SHUT.
Sudhir Kumar, Advocate
(Expert) 16 April 2016
iv) whether I am also eligible for interest in case I am given the financial benefit of pay protection.
READ PAYMENT OF INTEREST ACT
Sudhir Kumar, Advocate
(Expert) 16 April 2016
If possible kindly arrange to give some case law citation which covers the identical issue.
seems to be more concerned about citation rather than basic rules
please search google for citations.
Kumar Doab
(Expert) 16 April 2016
The author has not replied to the points raised by Expert Mr. Venu.
The author has joined in 1989.
Apparently it is huge delay.
KULDIP RAI
(Querist) 16 April 2016
Mr P Venu ji, representation has not yet been replied to by the department.
KULDIP RAI
(Querist) 16 April 2016
ii) was it not for the department to extend me all benefits available to me when all the facts had already been brought in the notice of the Central Excise department even before my joining or was it for me to lodge separate claim for these benefits?
Mr Sudhir Kumar Ji, I want to know that when the department was aware that I had joined after giving technical resignation, then, was it not for the department to allow me the pay protection etc, suo moto?
