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Sandip Biswas   17 September 2018

Pay fixation with necessary pay protection

Sir, Greetings of this day. I have been selected and appointed by prayer submitted through proper channel in the post of Systems Assistant (5000-20200 + 2200, 6th CPC, govt. of Assam) in the hon'ble The Gauhati High Court (employer) & posted at District & Session Judge Establishment, Cachar from my earlier post of Technician (5200-20200+2000, 6th CPC, Govt of India) (service upto 28th June, 2018 for about 4 years & 8 months ) in the department of Electronics & Communication Engineering in National Institute of Technology Mizoram ( A govt of India autonomous Institute of national importance by an act of parliament under Ministry of HRD). The recruitment to the new post (Systems Assistant) has been been centrally conducted by Hon'ble The Gauhati High Court involving written test + practical test + interview. As I have applied through proper channel, so, I applied to my employer i.e Hon’ble The Gauhati High Court for fixation of pay with pay protection immediately after my joining at District court (as I found there is a huge monetary loss being fixation of pay at the entry level pay in the new post). On receipt of my prayer, the hon'ble Gauhati high court replied that in compliance with the fundamental rules, Govt. of Assam, the matter with regard to my pay protection requires a clarification from govt and as such the District & Session Judge, Cachar should move the state govt for further necessary action. My service record is bieng maintained by district court where I have been posted. Now, as directed by high court, the district court has written letter to Legal Remembrancer cum commissioner & Secretary, Judicial Department, Govt. of Assam to give a clarification so as to ensure pay protection. It is to be mentioned here that original Service book, Last Pay Certificate, NOC copy, release order, service certificate etc are already received by my office (O/o the Districts & Sessions Judge, Cachar, Silchar) from earlier employer i.e. National Institute of Technology Mizoram. In the light of above facts kindly provide guidance in the event of not giving me admissible pay protection how to claim it legally.


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