Pay protection issue.
Rakesh
(Querist) 20 June 2016
This query is : Resolved
Pay Protection issue.
Sir, I was working with a PSU. In 2014 I have joined central govt service (group B post)after my selection THROUGH INTERVIEW CONDUCTED BY STAFF SELECTION COMMISSION (SSC). I submitted my experience certificate at the time of interview wherein my pay scale was mentioned. I was granted lien on my post in PSU for 2 years. But when I applied for pay protection benefits, the same was denied BY Central Govt. stating that SSC has to recommend for pay protection benefits. Total 18 candidates were selected and a common recommendation was sent by SSC. Sir, I have been denied pay protection benefit for no fault of mine. Please guide me so that I can get pay protection benefit.
Regards Rakesh
adv.bharat @ PUNE
(Expert) 20 June 2016
As per rule SSC should recommend for the pay protection rule.
P. Venu
(Expert) 21 June 2016
Pay protection could be applicable and possible when pay scales and allowances are the same. Central Government and PSUs have their own norms of Pay.
Hence in such cases, the practice is that recruiting body (SSC or UPSC) recommends higher starting pay with to ensure that there is no loss of emoluments (this norm applies to all candidates, even those in private employment).
Any how, you can represent and seek judicial review, if so advised. You also have option of exercising the lien and returning to the PSU.
Rajendra K Goyal
(Expert) 21 June 2016
PSU and Govt. have separate pay scales. you can represent to next higher authority through proper channel.
Rakesh
(Querist) 23 June 2016
Sir,
thanks for the advised but going back to PSU is an alternative not the solution of problem. I will be grateful to you all if you can provide me any order/circular/judgement on the issue when commission is silent on recommendation for pay protection but candidate has been held entitled for the same.
Regards
Guest
(Expert) 23 June 2016
When your description is deficient of some crucial facts, how you can ask for any order/ circular or judgment, when there are hundreds of orders/ circulars applicable in different conditions.
In nutshell, if you applied through proper channel for the identical or higher post only then you are eligible for pay protection, otherwise not. SSC does not recognise merely experience certificate for the purpose of pay protection. Several other formalities, as per Government Rules and Orders are quite necessary to be followed by the SSC and the new employer to allow pay protection to new recruits.
SUPER SPECIALTY SERVICES FOUNDATION (INDIA)
Rakesh
(Querist) 23 June 2016
Dhingra Sir,
Thanks for highlighting the defects.
But I think i have mentioned that my department has granted me lien for 2 year which is possible only when my application has been routed through proper channel. As regards pay scale, though Central and PSU scales are different, so exact parity is difficult, I applied for identical/higher pay scale.
Sir, in nut shell I applied through proper channel. Central Govt is saying that only hindrance in my case is absence of specific recommendation from SSC.
I hope this would clarify my situation. Looking forward your valuable guidance for getting the pay protection benefit.
Regards.
Guest
(Expert) 23 June 2016
Mr. Rakesh,
What do you mean by, "in nut shell I applied through proper channel," when you have not stated, whether your application was forwarded official by your department to the SSC or applied directly. If applied directly for the post and on relief for the new post, a lien is allowed to be kept alive at your old post that does not mean applied through proper channel. Grant of lien does not ensure protection of pay. That is merely a privilege granted to an employee to return back to his old post within a period of two years, if he wants so. By grant of lien, the employee is not exempted from fulfilling other prescribed conditions of service, if he is desirous of getting pay protection.
P. Venu
(Expert) 23 June 2016
Is there any real loss of emoluments?
Rakesh
(Querist) 23 August 2016
Sir,
I only intended to say that I am complying all the conditions because in case of SSC/UPSC, application can be sent directly and intimation to office of the same is suffice to make it proper channel which I did. My Dept. has only objected that SSC has not recommended whereas SSC has informed me that SSC doest not recommend for any candidate, it is the settlement between candidate the the department.
Venu Sir, I am really suffering monetary loss as my basic pay (including D.A.) was higher in PSU than in Central Govt.
Sir, I humbly request you to please help me out as I am unable to find any order or judgment where pay protection is allowed in case recruitment commission is silent on the same.
regards
Guest
(Expert) 23 August 2016
Your interpretation equating intimation to the office with submission of application through proper channel is not correct.
You may better get your documents examined in person to guide you appropriately.
Dr J C Vashista
(Expert) 24 August 2016
Very well advised by expert Dhingra ji, I agree.
Lien on past department implies that your post is reserved; you may join after 2 years. However, lien do not confer the right to be equated with higher grade/pay scale in fresh appointment, which has to be recommended by recruiting agency (SSC in your case) specifying additional increment in the appointment letter itself.
Consult a prudent local (practicing service) lawyer for further clarification(s), guidance and proceeding.
Rakesh
(Querist) 24 August 2016
Thanks a lot to all Sir(s) for valuable advice. I will certainly consult the issue because lien might not confer any right for higher pay but it certainly makes the resultant employment through/via proper channel because departments allow lien only when applied through proper channel and Establishment Rules of Central Government also provides for only intimation in case of UPSC/SSC.
Sir, in case you find any judgement in support of my submission, please do me a favour of intimation.
Thanks you all very much.
Regards,
Guest
(Expert) 24 August 2016
What will you do with any judgment, when your department will not be obliged to carry out judgment in some other case, except your own case?
