Pay protection
Bhupender
(Querist) 27 February 2016
This query is : Resolved
Dear experts,
I seek your valuable guidance in my service matter. The case is as follows:-
1. I joined on the pay scale of 9300-34800 with grade pay of 4600 in an autonomous body controlled by one of the ministries of central government.
2. After more than six years of my service, I applied through proper channel for the gazetted post with grade pay of 4800 in the state government department.
3. My parent department did not issue any no objection certificate to me stating that there was no use of such certificate if they were sanctioning my resignation on technical grounds. Consequent upon my technical resignation, I joined the department under state government and I also informed my parent department in this regard.
4. My parent department verbally (not in black and white) denied me to send my service book stating that it is an official document to be kept with the department only for the future purposes.
5. While applying for the pay protection and counting of my past services in my current department, the higher officials ask me to produce NOC and service book for further proceedings.
First of all my query is whether my past service would be counted and my pay would be protected or not.
Next, what should I do to get NOC and my service book, and what strategies should I adopt to get the benefit as soon as possible.
Thanks in anticipation.
Sudhir Kumar, Advocate
(Expert) 28 February 2016
stand of your earlier deptt is contradictory. on one hand they allowed technical resignation and on other hand they deny continuation of service.
Service book is for the current deptt to remain.
You may have to move to the CAT.
Rajendra K Goyal
(Expert) 28 February 2016
If they are not ready ask them to send certified copy of the service book to present department. If they do not agree move to CAT.
P. Venu
(Expert) 01 March 2016
There may not any element of pay protection involved. However, since it is a case of technical resignation, the Service Book needs to be send to the present employer. You may represent and if no favourable response legal remedy could be sought.
Bhupender
(Querist) 03 March 2016
Thanks Sudhir Kumar for your response. But my parent department is adamant not to send it. I have also sent recently (29/2/16)another application stating my requirement, but I have not got any reply yet
Bhupender
(Querist) 03 March 2016
Thanks Rajender K Goyal sir for your expert advice, but I have a doubt whether the certified copy of my service book will be considered as authentic and valid as the original one. One more thing, my current department insists to enclose the Servive Book in original along with the case of pay protection.
Bhupender
(Querist) 03 March 2016
Thanks P Venu sir for the favourable suggestion,But, actually I need that service book for the proceeding my case of pay protection and count of earlier service as I have also stated in my query.
Bhupender
(Querist) 03 March 2016
Dear experts, please also make me sure that my case of earlier service(in an autonomous body under ministry of central govt.)count and pay protection may be considered by State Goverment department.
#Can my current deptt. deny the benefits of pay protection and fixation on the basis of my earlier service?
#Can I get the NOC now from the parent deptt. after being relieved long time ago?
# If I don't get the NOC, will it really matter for the representation of my case as an essential document?
# Can my current deptt. withheld the case in absence of NOC?
Sudhir Kumar, Advocate
(Expert) 04 March 2016
i believe you have been advised well.
either you are hiding facs or not prepared to act and just take test of experts
Bhupender
(Querist) 04 March 2016
@sudhir sir, there is no hidden fact in my case. But before adopting legal proceedings, I just want to be fully prepared under your guidance. Sir, I don't have such intentions of testing, but just reassuring myself.
Guest
(Expert) 04 March 2016
Mr. Bhupender,
The hypothesis #5 of your description is really amazing, as you stated, "while applying for the pay protection and counting of my past services in my current department, the higher officials ask me to produce NOC and service book for further proceedings."
The question arises, what denotes forwarding of your application sent through proper channel for the job with a new employer, had the authorities of your PSU any objection?
Moreover, when you say, "there is no hidden fact in my case," I would like to ask you the following questions for clarification:
1) What was your pay scale in your last organisation and the pay scale of the job for which you applied for in the new organisation? Have you discussed anything about that in your query?
2) If eligibale for pay protection, have you applied in writing for pay protection to your present organisation? If not, was there any reason for that?
3) If applied for in writing, what is their written reply, whhich you have not indicated anywhere?
4) When you applied for through proper channel, why your present employer has not taken up the issue with your last employer for sending your service book and lpc to the DDO of the department?
5) If they have already taken up the issue with your past employer, what is their formal reply to your present employer? You have not stated anything on that aspect. Verbal request and verbal reply by the other side has no relevance in such cases.
If you don't have any knowledge about all these things, your description is just an air bubble without having any sold background. So, better make formal representations to both the organisations and come forward with their response with full facts to ask your query in this forum, if still your problem is not solced departmentally.
For the present, I can say that your present query denotes only an administrative problem having not matured to be a legal problem so far to find any legal solution, when you do not have any solid proof in support of your claim.
Bhupender
(Querist) 06 March 2016
Thanks P.S.Dhingra G for your keen introspection in my case.
Sir,
according to my verbal talk with my new employer, my previous service would be taken into consideration if I produce NOC which was not issued to me by my previous employer on the ground that they had accepted my technical resignation.
the points you asked me for the further clarification are as such:
1. Acoording to my LPC in my past service at KVS(Which is an Autonomous Body under MHRD, not PSU), my basic was 15890 + 4600 GP and the Intial basic which I am drawing in my New Department (Education Dept. Haryana)is 12498 + 4800 GP.
2. Not yet, I have applied for pay protection in writing, because I have doubted whether my service would be counted or not. And my new employer insisted on submitting NOC and Service Book at the time of Application for the case.
3.as stated in point no 2.
4. My current DDO showed no concern as it being a personal matter. With relieving, they issued me LPC and Both I have.
5. No correspondence were there btw my last and new employer. But its me only applied in writing for sending my service book two times (one when I joined the new organisation and second after the wait of two months) but I did not receive any formal reply from my previous empolyer. Recently(on 29 Feb 2016) I have again sent a representation for the service book.
I personally telephoned to my Regional Office and talked to the Deputy Commissioner, he also told me that there is no such provision to send service book of those employees who resigned (either on technical ground or personal grounds)from the KVS.
All that happened only because I had no knowledge about the proceeding, specially the legal and authentic one.
Sir, I have all the authentic documents with me to prove my honest and sincere efforts such as:
1. Permission Letter which I attached with while applying.
2. The forwarding of that application by my previous employer/ DDO
2. Intimation after my Selection in the new department along with Selection List and Appointment Letter, and request to issue NOC and Grant of LIEN
3. Application for acceptance of Technical Resignation.
4. Acceptance Letter from KVS, RO Gurgaon on the ground of my selection as PGT in Haryana Education Dept.
5. My Relieving Order, stating that they would send my service book and personal files later on
5. Intimation of Joining New Organistion to my previous employer
6. Application in writing to send my service book
I think all these documents clearly supports my case.
Bhupender
(Querist) 06 March 2016
Dhingra sir, please make me assure:
whether my earlier service would be counted in the light of all of these facts. I am still doubtful about it.
As I am under NPS scheme, I have shifted my PRAN to new organisation. what would happen to the employer share and the personal share deposited to my PRAN.
If my service is counted, whether my pay can be protected or not?
Guest
(Expert) 06 March 2016
How to assure you when you have not applied for, in spite of the fact that you have every proof in your hand in your favour, as per your own description. Assumptions or presumption cannot work unles you apply formally to claim your right.
So, apply first and only then ask your query on the basis of resonse from the competent authority, if he responds you negatively.
However, if you are still skeptical, get your documents examined in person to have my opinion/ guidance.
Bhupender
(Querist) 06 March 2016
Ok, Sir. I really feel enlightened and quite zealous under your positive attitude towards my case.
First, let me apply for the pay protection case in black and white to my new employer.
Then I will surely get in touch with you with their response and all the documents I have as evidences of truthfulness.
Dhingra Sir, May I know your contact no or personal/official mail id so that I may get your appointment?
Guest
(Expert) 06 March 2016
My email ID is: 1962dcg@gmail.com
Bhupender
(Querist) 06 March 2016
Thanks a lot sir, I will respond you as soon as I get the response.
