Pay protection, N.O.C, Receiving period, MACP within Railway
Rajesh TVSSH
(Querist) 07 August 2016
This query is : Resolved
Dear Sir, I personal express gratitude to those who guide me,
Details : I joined railways as JE in Electrical Dept. In SC Rly Zone as Trainee on 6.7.2009. After 18 months + 4 months extended trading due to administrative delays, I wrote dept. Exam and got confirmed in 9300+4200 GP as JE Drg. On 28.4.2011.
Now I wrote RRB in 2014 once again and got selected to JE Mechanical Design in ICF, Perambur, Chennai (Railway Production Unit). This I have done as i am Mechanical Graduate having 11 years Pvt. Company Experience, I am interested in Mech Designs. Now on 12.09.2015 I attended once again RRB document verification. I received offer of appointment letter copy dated 19.01.2916 on 25.01.2016 at my house. The original Appoitment letter is sent to CPO, S.CRly. from ICF, Chennai, CPO as I have submitted N.O.C to RRB Chennai during the doc verification. My management got two reminders till now and still they are not relieving me as they say they are waiting for a suitable replacement.
Now, I request to guide these
(1) am I eligible for pay protection, will I draw present salary 16140/- and continue future increments based on present pay 16140/- (includes GP 4200)
(2) My controlling officer is saying they have written letter twice to Personnel branch for releiver. It is their head ache to arrange a reliever and not the headache of the controlling officer. What I have to do now, can I go to CAT, as in Rlys service cases many do that, including officers
(3) My willingness is already given in January 2016 and some experts suggested that since it is within the Railways, a willing and request to relive letter is sufficient. Technical resignation need not be mentioned, and when they releive its considered as Technical resignation as per rules
(4) How long will the ICF, Chennai (Railways) wait for SCRailways, Secunderabad to my releiving
(5) Since I am working from 2009, whether this past service counted for MACP at new job, already I put 7 years service and moreover my new and old Grade pay are the same I.e 4200/-
(6)I heard that in cases where NOC is issued , withing 1 month dept. Has to take action, and by maximum 6 months employee has to be relieved. In this case already 7 months past
(7) Can I write directly to ICF, Chennai to wait for some more time since I am willing to join. I was issued employee copy of dept. Letter asking to arrange releiver
(8) I understand only in next RRB indent, may be in 2017, I will get reliever, this much time I shall not wait, can I proceed legally,
All this I am asking because I am having domestic problem and I have old parents. They are sick and I want to settle in Chennai at the earliest. In the present job I have lot of camps and parents aren't attended properly
Sudhir Kumar, Advocate
(Expert) 07 August 2016
(1) am I eligible for pay protection, will I draw present salary 16140/- and continue future increments based on present pay 16140/- (includes GP 4200)
YES
Sudhir Kumar, Advocate
(Expert) 07 August 2016
(2) My controlling officer is saying they have written letter twice to Personnel branch for releiver. It is their head ache to arrange a reliever and not the headache of the controlling officer. What I have to do now, can I go to CAT, as in Rlys service cases many do that, including officers
YES
Sudhir Kumar, Advocate
(Expert) 07 August 2016
(3) My willingness is already given in January 2016 and some experts suggested that since it is within the Railways, a willing and request to relive letter is sufficient. Technical resignation need not be mentioned, and when they releive its considered as Technical resignation as per rules
TECHNICAL RESIGNATION WILL BE NEEDED. EVEN WITHIN DEPTT YOU ARE LEAVING X SENIORITY LIST AND JOINING Y SENIORITY LIST
Sudhir Kumar, Advocate
(Expert) 07 August 2016
(4) How long will the ICF, Chennai (Railways) wait for SC Railways, Secunderabad to my relieving
TILL ETERNITY IF YOU DO NOT PROTEST.
Sudhir Kumar, Advocate
(Expert) 07 August 2016
(5) Since I am working from 2009, whether this past service counted for MACP at new job, already I put 7 years service and moreover my new and old Grade pay are the same I.e 4200/-.
NO. YOU ARE A DIRECT RECRUIT IN THE NEXT POST YOU ARE VOLUNTARILY LEAVING THIS 7 YEARS OF SENIORITY IN PRESENT POST.
Sudhir Kumar, Advocate
(Expert) 07 August 2016
(6)I heard that in cases where NOC is issued , withing 1 month dept. Has to take action, and by maximum 6 months employee has to be relieved. In this case already 7 months past
YOU CAN SEEK COPY OF RULES FROM WHOM YOU HEARD.
Sudhir Kumar, Advocate
(Expert) 07 August 2016
(7) Can I write directly to ICF, Chennai to wait for some more time since I am willing to join. I was issued employee copy of dept. Letter asking to arrange releiver
IF YOU ENTER INTO SUCH CORRESPONDENCE ABOUT RELIEVER THEN YOU ARE LEGALIZING THE RELIEVER ISSUE.
Sudhir Kumar, Advocate
(Expert) 07 August 2016
(8) I understand only in next RRB indent, may be in 2017, I will get reliever, this much time I shall not wait, can I proceed legally,
NOT UNDERSTOOD WHAT DO YOU MEAN
Sudhir Kumar, Advocate
(Expert) 07 August 2016
All this I am asking because I am having domestic problem and I have old parents. They are sick and I want to settle in Chennai at the earliest. In the present job I have lot of camps and parents aren't attended properly
NOT RELEVANT TO THE ISSUE. IT IS NOT A COMPASSIONATE POSTING YOU ARE SEEKING.
R.K Nanda
(Expert) 07 August 2016
Nothing to add
Rajendra K Goyal
(Expert) 07 August 2016
Lengthy query.
Discuss in detail with local service law expert.
adv.bharat @ PUNE
(Expert) 07 August 2016
Expert have already explain in details.
Noting to be added extra.
Show full case file to local lawyer and discuss in detail.
Dr J C Vashista
(Expert) 08 August 2016
Very well advised by expert Mr. Sudhir Kumar, heads off to his patience for going through and reply to such a lengthy story, which require the guidance/consultancy by a local lawyer.
The author must thank the experts for his obligatory advise FREE OF COST.
P. Venu
(Expert) 08 August 2016
If there is undue delay, you can approach the CAT. Your pay will be protected, service will count for MACP, but not for seniority in the posting; this will be based on your ranking in the merit list.
Sudhir Kumar, Advocate
(Expert) 09 August 2016
I partially disagree with Mr Venu.
Since he is entering another cadre on his own (not being a surplus adjusted) the past period will not count towards MACP.
If he gains MACP before joining new post then entitled to protection of enhanced pay as well.
Rajesh TVSSH
(Querist) 02 September 2016
I really thank Sudhir Sir and Venu Sir for having patience to reply each query separately and other experts also i thank equally to focus in depth to understand my problem. In one word , this forum is 'CONSIDERATE'. Thank all Sir
