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hemendas   01 September 2017

Pay protection

Respected sir, I Introduce myself as Dr. Hemen Das, working as assistant professor, Veterinary College, Central Agricultural University, Mizoram, India. Sir, I need your help and suggestions. I am submitting the following facts for your information: 1. I joined as assistant professor in SDAU, Gujarat in the pay scale 15.600-39,100 +GP 6000/= on 25th February,2008. 2. I applied through proper channel after seven years of my service in central Agricultural university (CAU) in the same post (15.600-39,100 +GP 6000/), and i was selected with pay protection. Accordingly, i submitted my technical resignation in SDAU, Gujarat,which was accepted and I was relieved to join in my new organization. 3. I joined in my new organization (CAU) on 30th December,2015 (BN). 4. However, subsequent to my joining in CAU, I was promoted to Assistant professor Stage -2 ( 15.600-39,100 +GP 7000/), with retrospective effect from, 25 th February, 2013 i.e. after 5 years of my service. 5. I applied for fixing of my pay submitting the LPC with my new pay scale (7000 GP) in CAU. But only basic pay was pr0tected and fixed, NOT the GP citing the F.No. 13/9/2009-Estt(Pay-I) Government of India,21/10/1009. 6. Sir, if my grade pay (7000) would have been protected, then I would have been eligible for promotion to stage-3 on 25 th Februray, 2018 i.e. after completion of 5 years service in 7000 GP. 7. Sir, please guide me since my basic of 7000 GP was protected and I complete 5 years in next february, can I apply for promotion to Satge-3, OR again i will have to apply for promotion to Stage-2. Sir, I will be very grateful if you kindly help and guide me in this aspect. I have already completed total more than nine years of service, my career is in stalk. Please help me sir in this aspect. I will appreciate If i can talk to you directly and make u clear everything. Pls provide me your number if you don't feel disturbed. Regards


 20 Replies


(Guest)

Please intimate, if your service is governed by FR & SR of the Central Government or by respective States' Civil Services Regulations?

 

hemendas   01 September 2017

sir,  It is governed by FR & SR of the Central Government.

 


(Guest)

There is a technical snag and a clearcut anomaly in your case, as yours is not a case of seeking transfer to a lower post, but your post rendered to be lowered by virtue of proforma promotion with retrospective effect in your parent department.

The letter referred to by you is concerned with transfer to lower post. Contrarily, at the time of transfer neither you requested for transfer to a lower post, nor were transferred to a lower post. You were actually transferred to a post with identical scale of pay, where the anomaly arose due to refixation of pay in your parent department on upgradation of your post. A very perfect case would be required to bemade for consideration of the appropriate competent authority.

 

 


(Guest)
Originally posted by : Dhingra, 1962dcg@gmail.com
There is a technical snag and a clearcut anomaly in your case, as yours is not a case of seeking transfer to a lower post, but your post rendered to be lowered by virtue of proforma promotion with retrospective effect in your parent department.

The letter referred to by you is concerned with transfer to lower post. Contrarily, at the time of transfer neither you requested for transfer to a lower post, nor were transferred to a lower post. You were actually transferred to a post with identical scale of pay, where the anomaly arose due to refixation of pay in your parent department on upgradation of your post. A very perfect case would be required to bemade for consideration of the appropriate competent authority.
 

 

In deed very perfect analysis by Mr. Dhingra. You have got the right solution from a single expert. Apparently, Mr. Dhingra can be considered to be a perfect master of service laws.

Best of luck

hemendas   01 September 2017

My heartiest thanks to both of u sir.

I repeaedly requested our authority, but everytime it was not considered i.e. my grade pay was not protected citing the  FR 15 (a) [F.No. 13/9/2009-Estt(Pay-I) Governmentof India , date 21/10/2009).https://www.lawyersclubindia.com/editor_upload/392783_20170901204020_10410391913_9_2009_estt_pay_1_.pdf

Futher, when i applied in my new organization through proper channel, the pay scale was mentioned as 15,600-39,100+ 6000 (GP) in the advertisement.

Even though I was appointed with pay protection in my new organization, as per FR 15 (a) only basic pay was protected and my pay was fixed accordingly  i.e. basic of higher post  (stage -2)+ grade pay of lowe post (Stage-1).

Please guide me sir whether I will be now considered as promoted to stage -2  in my new organization and i will be eligible to apply for promotion to stage -3 directy which is due on next Februray OR again i will have to apply for promotion to stage-2 in my new organization.

Sir, please provide me a copy of guidline or rule in this regard so that I can produce in my new organization in support of my case.

 


(Guest)

Pay protection and promotion are two different issues. You can struggle only for pay protection, as based on the reviised LPC. For promotion, that depends upon the prescribed conditions of RRs of your new organization.

 


(Guest)

Pay protection and promotion are two different issues. You can struggle only for pay protection, as based on the reviised LPC. For promotion, that depends upon the prescribed conditions of RRs of your new organization.

 

hemendas   02 September 2017

Thank u very much Dhingra sir.

However,  my basic pay of stage 2 is protected in my new organization.  Since my promotion in previous unversity is retrospective effective from 25th Feb,2013  that means I already  serverved 2 and half yr  with 7000 GP  (Stage-2) before joining in the ncurrent one. Rule in our university says that if i serve five yras with 7000 GP, then I am eligibel to be promoted to stage-3 (GP 80000).

 

Now my confusion is since my grade pay (7000) was not given (Only basic of stage-2 is given) in current organization, can I apply for stage-3. or again I will have to apply for stage-2 . Is there any rule or guideline in such stituation.

It is to be noted that i already served 2 and half year  with 7000 GP in earlier organization.

What I should do sir? Please guide me what the service rule says in this aspect.

Regards


(Guest)
Originally posted by : hemendas
Thank u very much Dhingra sir.

However,  my basic pay of stage 2 is protected in my new organization.  Since my promotion in previous unversity is retrospective effective from 25th Feb,2013  that means I already  serverved 2 and half yr  with 7000 GP  (Stage-2) before joining in the ncurrent one. Rule in our university says that if i serve five yras with 7000 GP, then I am eligibel to be promoted to stage-3 (GP 80000).

 

Now my confusion is since my grade pay (7000) was not given (Only basic of stage-2 is given) in current organization, can I apply for stage-3. or again I will have to apply for stage-2 . Is there any rule or guideline in such stituation.

It is to be noted that i already served 2 and half year  with 7000 GP in earlier organization.

What I should do sir? Please guide me what the service rule says in this aspect.

Regards

 

Protection is provided for basic pay of the pay scale, not the Grade Pay.

 

hemendas   02 September 2017

Respected Dinghra Sir....that means i can apoly for stage 3. Sir if so, is there any dicument/ rule/service guideline in this regard to produce in my current universuty......pls provide me sir...........my regards

(Guest)
Originally posted by : hemendas
Respected Dinghra Sir....that means i can apoly for stage 3. Sir if so, is there any dicument/ rule/service guideline in this regard to produce in my current universuty......pls provide me sir...........my regards

 

With reference to your referrered letter of the Government of India, I have already very clearly pointed out, as "there is a technical snag and a clearcut anomaly in your case, as yours is not a case of seeking transfer to a lower post, but your post rendered to be lowered by virtue of proforma promotion with retrospective effect in your parent department." The referred letter does not cover the anomaly.

So now, on the basis of sufficient clue provided to you, it is up to you how to develop your case effectively to point out such an anomaly and sent to the appropriate competent authority to get justice. Your case may have to be referred to the DOPT for further necessary action.
 

hemendas   03 September 2017

Thank u very much sir. I will request my authority again.

My regards


(Guest)

You are welcome. Prepare a perfect case.

hemendas   05 September 2017

Respected dhingra sir,

I have attached one recent guideline in your mail and highlighte the important point.

Sir, kindly see the same and guide me how it will be helpful in my case.

Regards

 


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