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Clarification regarding pay protection

(Querist) 21 September 2018 This query is : Resolved 
Dear Sirs,

I have joined ISRO as an Officer in Level 10 of Pay Matrix in CCS (RP) Rules 2016 in August 2018 with a basic pay of Rs. 56100 per month. Prior to joining ISRO I was working in a PSU with basic pay of Rs. 24940 (revised to Rs. 62960 after implementation of 3rd PRC for PSUs) and had submitted 'No Objection Certificate' after online application as instructed as per the advertisement. However I resigned from my previous organization on 31st October 2017 anticipating receipt of offer letter from ISRO and was not working anywhere till August 2018.

In this regard I would request you to kindly clarify whether my resignation shall be considered as a Technical Resignation and my pay shall be protected. Also, is there any specific format for submitting the representation for pay protection.

Kindly advice me on the above queries.

Thanks & Regards
P. Venu (Expert) 21 September 2018
PSU is considered to be an autonomous organisation. As such, there appears to be no scope for getting the pay protected.
ashok kumar singh (Expert) 21 September 2018
agree with expert opinion .......................
Anant Tirkey (Querist) 24 September 2018
Sirs, thank you for your prompt response. However I understand vide OM no. 12/3/2009-Pay-I dated 30-03-2010 some modifications have been made to previous OMs. Can you please clarify on the same?

Regards
Raj Kumar Makkad (Expert) 24 September 2018
After going through tje entire facts submitted by you and the replies of the experts, I am of tje view that your resignation shall not be treated as technical as you resigned in October, 2017 and joined ISRO in August, 2018.
Raj Kumar Makkad (Expert) 24 September 2018
One question which I have to put is whether you had been selected prior to your resignation or not. If yes and have not joined elsewhere prior to appointment letter issued by ISRO then you are not at fault and your resignation shall not only be treated as a technical resignation for your betterment of job but pay shall definitely be protected.
Guest (Expert) 24 September 2018
First of all, description of your query does not give clear picture about your case.

Secondly, If you have fulfilled all the necessary prescribed conditions regulating your technical resignation only then you could claim your resignation as a technical resignation.,

Thirdly, the type of resignation given and the type to be considered are two different aspects. If the subject matter of your resignation was not technical resignation, there arises no question of automatically treating that as a technical resignation.
krishna mohan (Expert) 22 October 2018
I would like to add the following:
a. Your application need to have been through proper channel and you need to have submitted technical resignation based on offer of appointment to join the post in ISRO. If done yes the response is positive on pay protection.
b. If PSU followed IDA not GOI DA pattern and pay scales are not similar, you can approach for pay protection under one below the rule to fix your pay closer to the same.
You can consult the concerned Head of the section for right guidance on pay fixation with all details.


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